Hit-and-Run Law 2025: What Truck Drivers and Fleet Operators Must Know

Loading Walla
8 minutes ago
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The transport industry in India is witnessing major legal changes with the introduction of the Bharatiya Nyaya Sanhita (BNS), which replaces the old Indian Penal Code (IPC). Among the newly enacted sections, Section 106 (2) of the BNS has created significant concern and confusion among truck drivers, fleet operators, and logistics firms.

This blog aims to clearly explain the hit-and-run law under the new criminal code, highlight its impact on the road transport sector, and suggest actionable steps for drivers and fleet managers. At Loading walla, we believe that every truck on the road deserves legal protection, proper information, and safety support.

What Is Section 106 of the BNS?

Under the Bharatiya Nyaya Sanhita, 2023 (effective from 2024), Section 106 deals with cases of road accidents that result in death.

Section 106 (1): If a driver causes death by negligence or rash driving but stays at the scene or informs the authorities, the punishment can be up to 5 years imprisonment and a fine.
Section 106 (2): If a driver causes a fatal accident and fails to report it to the police or a magistrate “soon after the incident,” the punishment may extend up to 10 years in prison along with a fine.

The addition of 106(2) intends to discourage hit-and-run cases, ensuring that victims get immediate help and that evidence is not lost due to drivers fleeing the scene.

Transport Sector Reactions: Why Truckers Protested in 2025

When Section 106 (2) was introduced, it triggered nationwide protests in January 2025 led by the All India Motor Transport Congress (AIMTC). Drivers across Maharashtra, Punjab, Uttar Pradesh, and West Bengal raised serious objections, citing fears of wrongful imprisonment and harsh treatment.

The main reasons behind the agitation were:

Fear of unjust punishment: Many drivers worried that even in accidents caused unintentionally or due to mechanical failure, they could be jailed for 10 years if they didn’t report immediately.
Lack of clarity on "soon after": The law does not clearly define how soon the accident must be reported. This ambiguity can lead to misinterpretation and unfair legal action.
Risk of mob violence: In rural and urban areas alike, truckers often face angry crowds at accident scenes. Drivers may flee out of fear for their lives, not with the intent to escape legal responsibility
Financial burden: For drivers earning ₹15,000–₹20,000 a month, a long trial or imprisonment could ruin their family’s livelihood, making the law appear overly harsh.

As a result of these protests and supply disruptions across India, the Ministry of Home Affairs in early 2025 agreed to temporarily pause the implementation of Section 106 (2) and hold discussions with stakeholders (Economic Times, Jan 2025).

2025 Real-World Example: A Driver's Dilemma (Hit-and-Run Law 2025)

In March 2025, a trucker on the Lucknow–Kanpur highway swerved to avoid a cyclist and hit a pedestrian on a poorly lit stretch. The driver panicked and called his supervisor but did not report to the police within the hour. The victim died and route to the hospital.

Under Section 106(2), this driver could face 10 years in jail simply because he didn’t contact the police "soon enough.

" The case is now pending in court, raising concerns that the law does not distinguish between true hit-and-run and delayed reporting due to panic or poor communication."

Understanding the Legal Process Under BNS

It’s important for transport professionals to understand the difference between intentional escape and accidental delay. But under the current law, any delay without immediate communication with the police or magistrate could be treated as “fleeing the scene,” and attract severe legal consequences.

Section 106 (2) is not a non-bailable offense as of mid-2025, but court proceedings can still lead to long detentions and legal fees.

Challenges for Transport Operators

Fleet managers and transport owners also face rising operational risks under this new law:

Delays in reporting can risk license cancellations
Increased insurance premiums due to higher accident liabilities
Driver shortages, as fear of punishment causes many experienced drivers to leave long-distance routes
Pressure on documentation and proof of intent, especially where CCTV or third-party witnesses are unavailable

Steps Drivers and Transport Companies Should Take Now

Even as talks between the government and transport unions continue, the industry must stay prepared and legally compliant. The following steps are highly recommended:

Train drivers to stop immediately after any accident and contact the nearest police station and medical aid services
Keep emergency contact lists in every truck for local police, hospitals, and legal advisors
Use vehicle GPS systems with live tracking, location stamps, and route history to document the event accurately
Encourage on-road responsibility and provide helpline support to drivers in case of emergencies
Digitally log all incidents, including call records and supervisor contacts, which can be shown in court to prove intent

Government Position and the Road Ahead

The Ministry of Road Transport and Highways, in consultation with legal and transport experts, is in the process of refining the guidelines around Section 106(2). Industry leaders have proposed changes such as:

Defining a specific time window (for example, 30–60 minutes) for reporting an incident
Considering cases of self-reporting via helpline or app as valid intent
Reducing the sentence from 10 years to 3–5 years in cases where drivers assist victims or voluntarily appear later

A final policy decision is expected by the end of 2025. Until then, the law remains paused, but drivers must still act with full responsibility.

Final Thoughts

India’s roads carry the backbone of the economy—trucks, buses, and tankers that connect markets and people. Laws must encourage safety, not create fear.

Section 106(2) is a strong step toward accountability, but it must also account for the human, emotional, and professional challenges that every truck driver faces.

Call to Action

Equip your fleet with advanced GPS tracking, route reporting, and emergency communication tools. With smart systems in place, your drivers stay protected, and your business remains compliant.

Choose Loading walla to simplify documentation, increase driver accountability, and reduce your legal risk on the road.

For a safer, smarter transport experience, partner with Loading walla today.

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