In short: Hit and run law India is now governed by Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023, in force from 1 July 2024. Drivers who stay and report face up to 5 years in prison; a tougher 10-year provision for those who flee is currently deferred. Victims can claim fixed compensation even when the vehicle is untraced.
Key points
- New law from 1 July 2024: The BNS replaced the Indian Penal Code. Section 106 BNS is now the primary criminal provision for accidental deaths on the road, including hit-and-run situations.
- Two sub-sections, two situations: Section 106(1) — for drivers who stay or promptly report — carries up to 5 years’ imprisonment and a fine. Section 106(2) — targeting drivers who flee without reporting — prescribes up to 10 years and is classified as non-bailable, but is currently deferred.
- Section 106(2) is not yet in force: The Central Government’s commencement notification explicitly excluded Section 106(2) from the 1 July 2024 start date. The pre-existing legal framework continues to apply to the ‘run’ aspect until further notice.
- Compensation is available regardless: Under Section 161 of the Motor Vehicles Act, 1988, victims or their families can receive ₹2,00,000 for a death and ₹50,000 for grievous injury from the Hit and Run Motor Vehicle Accident Fund, even if the offending vehicle is never traced.
- Old law was much weaker: For decades, Section 304A IPC governed these cases with a maximum sentence of just two years — a bailable offence that did not specifically address the act of fleeing the scene.
- Courts use multiple BNS sections: While Section 106 leads the charge, prosecutors also invoke other BNS provisions — such as those dealing with culpable homicide, rash driving, and acts endangering human life — depending on the facts.
What changed in hit and run law India after 1 July 2024?
India overhauled its criminal law framework on 1 July 2024, replacing the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act with the BNS, BNSS, and BSA respectively. All three new codes were notified in the Gazette of India on 25 December 2023.
For road accident cases, the most significant shift came through Section 106 of the BNS. The old Section 304A IPC — which had governed accidental deaths for decades — allowed a maximum sentence of only two years. It was a bailable offence, and it said nothing specific about drivers who flee.
Section 106 BNS changes both of those things, at least in principle. It creates a direct legal consequence for running away from an accident scene without reporting it. Whether that sharper consequence applies right now is a separate question — and the answer is: not yet, for the fleeing part.
What does Section 106 BNS actually say?
Section 106(1) — in force now
If a driver causes death through rash or negligent driving but either remains at the scene or immediately reports the accident to a police officer or magistrate, the offence falls under Section 106(1).
The punishment is imprisonment up to 5 years and a fine. This sub-section is fully in force as of 1 July 2024.
Section 106(2) — deferred, not yet in force
Section 106(2) targets the classic hit-and-run situation: a driver causes death through rash or negligent driving and then flees the scene without promptly reporting to a police officer or magistrate.
The punishment prescribed is imprisonment up to 10 years and a fine. The offence is classified as non-bailable, meaning bail is not a matter of right.
However, the Central Government’s commencement notification for 1 July 2024 explicitly stated that Section 106(2) — and the corresponding entry in the First Schedule of the BNSS — would not come into force on that date. As of now, this sub-section remains suspended. The pre-existing legal framework continues to govern the ‘run’ aspect of hit-and-run incidents until the government issues a fresh notification.
Why was Section 106(2) deferred?
When the new penalty of 10 years for fleeing drivers was announced, it triggered widespread protests by truck and heavy vehicle drivers across India, who feared harsh and arbitrary application of the law. In response, the government chose to defer implementation while further consultations took place.
How do courts handle these cases today?
Because Section 106(2) is not yet operative, prosecutors handling hit-and-run cases in 2026 rely on a combination of other BNS provisions. These include sections covering culpable homicide not amounting to murder, rash and negligent driving, and acts that endanger human life. The exact sections applied depend on the specific facts of each case — how reckless the driving was, whether there was intent, and what the consequences were.
For a broader look at how criminal procedure works after July 2024, including how FIRs are filed and what happens at each stage of a case, see our Law for You guides on the BNSS and related topics.
Old law vs. new law: a quick comparison
| Feature | Section 304A IPC (old) | Section 106(1) BNS (in force) | Section 106(2) BNS (deferred) |
|---|---|---|---|
| Situation covered | Accidental death by negligence | Accidental death — driver stays or reports | Accidental death — driver flees without reporting |
| Maximum imprisonment | 2 years | 5 years | 10 years |
| Fine | Yes (or both) | Yes | Yes |
| Bailable? | Yes (bailable) | Not specified as non-bailable | Non-bailable |
| Addresses fleeing? | No | No (staying is the assumption) | Yes — specifically targets fleeing |
| Currently in force? | Replaced from 1 July 2024 | Yes | No — deferred by government notification |
What compensation can victims or families claim?
Criminal law deals with punishing the offender. But victims and their families also have a separate right to financial compensation, which does not depend on catching or convicting the driver.
Section 161 of the Motor Vehicles Act, 1988 defines what counts as a hit-and-run motor vehicle accident and establishes the Hit and Run Motor Vehicle Accident Fund. Fixed minimum amounts are payable from this fund:
- Death: ₹2,00,000
- Grievous injury: ₹50,000
Crucially, this compensation is available even if the offending vehicle is never identified or traced. Claimants should approach the relevant authority — typically the Claims Tribunal under the Motor Vehicles Act — and submit the required documentation. Verify the current application process and any revised amounts directly with the Motor Vehicles Claims Tribunal in your district or on the Ministry of Road Transport and Highways website, as figures and procedures can be updated by notification.
What should you do if you are involved in a hit-and-run accident?
If you are the driver
Stop immediately and ensure injured persons receive medical attention. Report the incident to the nearest police officer or magistrate as soon as possible. Fleeing the scene is the very conduct that the law targets most severely — and even while Section 106(2) is deferred, other provisions still apply to those who abscond.
If you are a victim or witness
Note the vehicle’s registration number, colour, and type if possible. Call emergency services immediately. File a First Information Report (FIR) at the nearest police station under the BNSS. Keep all medical records and bills. Contact a qualified advocate to advise you on both the criminal complaint process and your compensation claim under the Motor Vehicles Act.
Frequently asked questions
Is Section 106(2) BNS — the 10-year hit-and-run provision — currently in force in India?
No. Although Section 106(2) BNS prescribes up to 10 years’ imprisonment for drivers who flee an accident scene without reporting, the Central Government explicitly excluded it from the 1 July 2024 commencement notification. It remains deferred as of the date of this article. Section 106(1), which covers drivers who stay or promptly report, is fully in force.
Can a hit-and-run victim get compensation even if the driver is never found?
Yes. Section 161 of the Motor Vehicles Act, 1988 provides for a Hit and Run Motor Vehicle Accident Fund that pays fixed compensation — ₹2,00,000 for death and ₹50,000 for grievous injury — regardless of whether the offending vehicle or driver is ever traced. A claim must be filed with the relevant authority; consult a local advocate or the Motor Vehicles Claims Tribunal for guidance on the process.
What law replaced Section 304A IPC for hit-and-run cases?
Section 304A of the Indian Penal Code, which carried a maximum of two years for causing death by negligence, was replaced by Section 106 of the Bharatiya Nyaya Sanhita (BNS), 2023, with effect from 1 July 2024. The new provision significantly increases penalties and, once Section 106(2) is brought into force, will specifically criminalise fleeing the scene of a fatal accident.
Primary sources
- Bharatiya Nyaya Sanhita, 2023 and Motor Vehicles Act, 1988 — India Code (indiacode.nic.in)
- Press Information Bureau, Government of India — Commencement notifications (pib.gov.in)
- Supreme Court of India — judgments and orders (sci.gov.in)
- Ministry of Road Transport and Highways — motor vehicle regulations and fund details (morth.nic.in)
Written by Editorial Team, The Courtroom · Published 2026-07-09 · Last verified 2026-07-09
This article is for general information only and is not legal advice. Laws change; verify against the primary sources cited and consult a qualified advocate for your situation.
