What is the Hit and Run New Law? How is it Important for Law Aspirants? | CLAT, AILET Questions

The Hit and Run Law is the law in India to protect people from driving carelessly. Also, it is to punish those who run away from the spot without reporting the authorities or helping the victims. Right now, there’s some heated debate going on regarding this rule. There were some missing points in the existing hit-and-run law under the Indian Penal Code, 1860 and so the comprehensive law is now made. To know more about the old and new hit-and-run law, continue reading the article till the end.

Old vs New Hit and Run Law

Under the old Hit and Run law, the individuals accused were tried under section 304A of the Indian Penal Code. The punishment under this section was up to two years in jail upon identification.

An individual used to fall under this section if a driver was involved in an accident that resulted in someone’s death and the act was deemed negligent, they could be charged under Section 304A. The key point was the negligence or rashness of the driver that led to accidents/deaths.

To understand the difference between a new and old hit-and-run law more significantly, you can refer to the below table. These are the major differences between both old and new hit-and-run laws.

Features	New Law	Old Law
1. Hit and Run Case	Bharatiya Nyay Sanhita (BNS) Section 106(2)	IPC Section 304A (causing death by negligence)
2. Penalties	Severe	Less severe.
3. Punishment	Up to 10 years in jail and a 7 lakh rupees fine.	Two year punishment and smaller fine.

New Hit and Run Law

Under the new law, if someone is involved in a hit-and-run incident, where they escaped the accident scene without reporting it to the police or a magistrate, they will need to face severe legal consequences. Section 106(2) imposes a penalty of up to 10 years in jail and a fine for such actions. 

The punishment in this section is very serious, penalty for death is ₹2 lakh, and for serious injury, it is ₹50,000. The compensation in this section is not recoverable from the drivers.

How is it Important for Law Aspirants?

The new hit-and-run law is very important for law aspirants, it offers a practical application of legal principles. The questions related to this change in the law can come into the examination. There can be various questions that can be made with the new hit-and-run law. Especially, if you are preparing for a CLAT or AILET examination, understanding each aspect of the new Hit and Run law is very important for you. 

You can check out the sample MCQs that you may encounter in the examination below.

Sample Hit and Run New Law Questions ! CLAT and AILET Exam

1. Which legislation is set to replace the colonial-era Indian Penal Code, 1860?

   a) Indian Road Safety Act

   b) Motor Vehicles Act, 2023

   c) Bharatiya Nyaya Sanhita (BNS), 2023

   d) National Crime Records Bureau Act

Correct Answer: c) Bharatiya Nyaya Sanhita (BNS), 2023

2. What penalty does Section 106(2) of the BNS, 2023 stipulate for fleeing an accident spot and failing to report the incident?

   a) Up to 5 years in jail

   b) Up to 10 years in jail and a fine

   c) Community service

   d) License suspension

Correct Answer: b) Up to 10 years in jail and a fine

3. Under what circumstances will a driver be charged under Section 106(1) instead of Section 106(2) of the BNS, 2023?

   a) If the driver escapes the accident scene

   b) If the driver reports the incident immediately after the accident

   c) If the accident involves more than one vehicle

   d) If the accident occurs during the night

Correct Answer: b) If the driver reports the incident immediately after the accident

4. What punishment does Section 106(1) of the BNS, 2023 provide for causing death by any rash or negligent act not amounting to culpable homicide?

   a) Up to 5 years in jail

   b) Up to 10 years in jail and a fine

   c) Community service

   d) License suspension

Correct Answer: a) Up to 5 years in jail

5. What prompted the introduction of the Hit and Run New Law in India?

   a) Decrease in road accidents

   b) Increase in road accidents and fatalities

   c) Global decrease in road crash deaths

   d) Economic growth due to reduced road crashes

Correct Answer: b) Increase in road accidents and fatalities

6. How many road crash fatalities were recorded in India in 2022, according to the information provided?

   a) 1.68 million

   b) 462 deaths daily

   c) 50,815 deaths

   d) 47,806 deaths

Correct Answer: c) 50,815 deaths

7. What percentage of the world’s crash-related deaths does India contribute to?

   a) 1%

   b) 5%

   c) 10%

   d) 15%

Correct Answer: c) 10%

8. On average, how many deaths per hour occur due to road accidents in India?

   a) 10 deaths

   b) 15 deaths

   c) 19 deaths

   d) 25 deaths

Correct Answer: c) 19 deaths

9. Where do more than half of road fatalities occur in India, as mentioned in the information?

   a) Rural areas

   b) Urban areas

   c) National and State highways

   d) Local streets and roads

Correct Answer: c) National and State highways

10. What is the annual economic loss to India’s GDP due to road crashes, as stated in the information?

    a) 1-3%

    b) 3-5%

    c) 5-7%

    d) 7-10%

Correct Answer: c) 5-7%

11. How many hit-and-run incidents were recorded by the National Crime Records Bureau in 2022?

    a) 47,806

    b) 50,815

    c) 1.68 lakh

    d) 462

Correct Answer: a) 47,806

12. What is the legal duty of offenders in hit-and-run incidents according to the Hit and Run New Law?

    a) Duty to flee the scene

    b) Duty to report to the media

    c) Duty to report to the police or magistrate

    d) Duty to negotiate with victims

Correct Answer: c) Duty to report to the police or magistrate

13. What is the underlying principle of Section 106(2) of the hit-and-run law?

    a) To encourage rash and negligent driving

    b) To punish those who report accidents promptly

    c) To deter rash and negligent driving and punish fleeing offenders

    d) To protect offenders from legal consequences

Correct Answer: c) To deter rash and negligent driving and punish fleeing offenders

14. How does the law aim to enforce moral responsibility on hit-and-run offenders towards the victims?

    a) By imposing heavy fines only

    b) By requiring community service

    c) By criminalizing the omission of the duty to report

    d) By offering financial compensation to victims

Correct Answer: c) By criminalizing the omission of the duty to report

15. Which existing law is cited as a parallel to the Hit and Run New Law, emphasizing a prompt and responsible response from drivers?

    a) Section 106 of the BNS, 2023

    b) Motor Vehicles Act, 1988, Section 134

    c) National Crime Records Bureau Act

    d) Indian Penal Code, 1860

Correct Answer: b) Motor Vehicles Act, 1988, Section 134

16. What does Section 134 of the Motor Vehicles Act, 1988, require the driver to do in the aftermath of an accident?

    a) Leave the scene immediately

    b) Report the incident only if asked by authorities

    c) Take all reasonable steps to secure medical attention for the injured person

    d) Offer financial compensation to the injured person

Correct Answer: c) Take all reasonable steps to secure medical attention for the injured person

17. What is the reason cited for not practicable steps to secure medical attention as per Section 134 of the Motor Vehicles Act, 1988?

    a) Mob fury

    b) Lack of interest

    c) Weather conditions

    d) Traffic congestion

Correct Answer: a) Mob fury

18. Under Section 106(1) of the BNS, 2023, what act leads to punishment for causing death?

    a) Rash or negligent act

    b) Intentional homicide

    c) Civil dispute

    d) Property damage

Correct Answer: a) Rash or negligent act

19. In hit-and-run cases, what is the government’s commitment emphasized through the comparison with Section 134 of the Motor Vehicles Act, 1988?

    a) To penalize drivers harshly

    b) To ensure prompt and responsible responses from drivers

    c) To eliminate reporting requirements

    d) To encourage hit-and-run incidents

Correct Answer: b) To ensure prompt and responsible responses from drivers

20. What is the primary focus of the Hit and Run New Law regarding hit-and-run incidents?

    a) Protecting offenders from legal consequences

    b) Encouraging hit-and-run incidents

    c) Deterrence of rash and negligent driving

Correct Answer: c) Deterrence of rash and negligent driving

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