Hit-and-Run Law in India 2026: BNS Section 106 Honest Status

In short: You may have read that hit-and-run in India now means up to 10 years in jail. That is not the law in force in 2026. The 10-year punishment sits in Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which has been kept on hold after the truckers' protest of January 2024 and has not been notified into force. What actually applies today to a death caused by rash or negligent driving is Section 106(1) of the BNS, with imprisonment that may extend to five years and fine, whether or not the driver fled. This page explains what applies now, what is on hold, and exactly what you must do at an accident scene.

The BNS, 2023 came into force on 1 July 2024 and replaced the Indian Penal Code (IPC). Section 106 replaces the old IPC Section 304A (causing death by negligence). But the two sub-sections of Section 106 are in very different positions in 2026.

The deferral is not a rumour. On 16 December 2024 the Gauhati High Court directed the Assam DGP to instruct police stations not to register cases under Section 106(2) BNS, holding that the provision “has not come into force till date.” The hold traces back to January 2024, when the All India Motor Transport Congress (AIMTC) led a nationwide protest. The Ministry of Home Affairs, through the Union Home Secretary, assured AIMTC that Section 106(2) would not be implemented without first consulting transport bodies. That consultation route is why the sub-section remains un-notified.

Notice the honest two-way picture. The “10 years” headline is on hold, but the base offence actually became stricter than before: old IPC 304A carried up to 2 years, while BNS 106(1) carries up to 5 years, and 106(1) is fully live. So a negligent driver who causes a death today faces a real, increased maximum of five years, plus ancillary charges such as Section 281 BNS (rash driving) or Section 125 BNS (endangering life), as the facts warrant.

The cutoff is the date of the offence, not the date of trial. An accident that happened before 1 July 2024 is tried under the old IPC Section 304A (up to 2 years). An accident on or after 1 July 2024 is tried under BNS Section 106(1) (up to 5 years). This follows the settled rule that a person is charged under the law in force when the offence was committed.

Whatever the criminal section in play, your legal duties at the scene come mainly from Section 134 of the Motor Vehicles Act, 1988. Doing these things is also your best protection, because fleeing is exactly what 106(2) was drafted to punish once notified.

1. Stop the vehicle. Do not drive away. Leaving the scene is the single act that turns an accident into a “hit-and-run.”
2. Secure medical aid for the injured. Under Section 134, take all reasonable steps to get the injured person to the nearest doctor or hospital, unless mob fury or another reason genuinely beyond your control prevents it.
3. Report to the police. Report the circumstances at the nearest police station as soon as possible, and in any case within 24 hours of the accident.
4. Inform your insurer. Give written notice to your motor insurer with the policy number, the date, time and place, and details of those injured or killed.
5. Cooperate, do not tamper. Preserve the scene where you can and give a truthful account.

Why does reporting matter so much? Under the live Section 106(1), staying and reporting does not, by itself, reduce the negligence charge, but it removes any “escape” element and shows good conduct. Under the deferred Section 106(2), the offence is built around escaping without reporting. If and when 106(2) is notified, prompt reporting is the very act that keeps a driver out of its 10-year bracket.

Many bystanders fear that helping a victim drags them into a police case. Section 134A of the Motor Vehicles Act, inserted in 2019, protects them. A Good Samaritan who in good faith and without expecting reward helps an accident victim cannot be made civilly or criminally liable for the victim's injury or death arising from that help, and no police officer can force the Good Samaritan to disclose name, address or other personal details. So you can stop and help without becoming a suspect.

Even when the driver is never traced, a victim's family is not left without recourse. Under Section 161 of the Motor Vehicles Act read with the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 (in force from 1 April 2022), the compensation is ₹2,00,000 in case of death and ₹50,000 for grievous injury. The claim is filed in Form I with the Claims Enquiry Officer of the sub-division or taluka where the accident took place. A separate cashless treatment framework under Section 162 supports emergency medical care in the golden hour. These remedies exist independently of whether anyone is convicted under BNS Section 106.

1. Believing “10 years is now the law.” It is not. Section 106(2) is on hold; 106(1) with up to 5 years is what applies in 2026.
2. Fleeing because of the 10-year fear. Ironically, the headline fear makes people flee, which is the very conduct 106(2) targets. Stopping and reporting protects you under the live law.
3. Thinking helping a victim makes you a suspect. Section 134A shields Good Samaritans.
4. Confusing the doctor's 2-year cap with road accidents. The 2-year sub-limit is only for a registered medical practitioner during a medical procedure, not for drivers.
5. Ignoring the compensation scheme. Families often miss the ₹2 lakh hit-and-run scheme because they assume an untraced driver means no remedy.

Consider an illustrative case. On a foggy morning in February 2026 near Patna, a delivery van driven carelessly by a fictional driver hits a pedestrian, Kashvi Pathak, who is grievously injured. The driver panics over the “10-year” stories and drives off. In law, because Section 106(2) is on hold, the driver faces Section 106(1) and ancillary charges, not a 10-year term, for the negligent act. Had the driver instead stopped, rushed Kashvi to hospital under Section 134, and reported within 24 hours, the “escape” element would not arise, and Kashvi would have reached the golden-hour care that often decides survival. The lesson is plain: stopping helps the victim and protects the driver.

No. The 10-year punishment sits in BNS Section 106(2), which has not been notified into force. The Gauhati High Court confirmed on 16 December 2024 that it “has not come into force.” In 2026, a fatal negligent-driving case is dealt with under Section 106(1), up to 5 years and fine.

IPC 304A punished causing death by negligence with up to 2 years. BNS Section 106(1) raises this to up to 5 years for offences on or after 1 July 2024. The harsher 10-year escape provision in 106(2) is separate and remains on hold.

Yes, but with a lower cap. If a registered medical practitioner causes death by a rash or negligent act during a medical procedure, the punishment under Section 106(1) extends to 2 years and fine, not 5 years.

No. Section 134A of the Motor Vehicles Act protects Good Samaritans from civil and criminal liability for the victim's injury or death, and bars police from forcing you to reveal your identity.

Under the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, the amount is ₹2,00,000 for death and ₹50,000 for grievous injury, claimed through the Claims Enquiry Officer of the relevant sub-division.

Section 106(1) is bailable, while Section 106(2) is non-bailable, but since 106(2) is not in force, a driver charged today under 106(1) can seek bail in the ordinary way. For arrest-stage protection see anticipatory bail under BNSS.

If you need to file or follow up on a police complaint after an accident, read the zero FIR procedure, which lets you register an FIR at any police station regardless of jurisdiction. To obtain accident records, charge-sheet status or compensation-scheme files from a public authority, you can use the AI RTI Drafter and the wider The RTI Playbook. The right to information itself flows from the RTI Act 2005.

1. Bharatiya Nyaya Sanhita, 2023, Section 106, full text and classification: https://devgan.in/bns/section/106/
2. Gauhati High Court directs Assam DGP not to register cases under Section 106(2) BNS as the provision is not in force (16 December 2024), LiveLaw: https://www.livelaw.in/high-court/gauhati-high-court/gauhati-high-court-hit-and-run-section-1062-bns-rash-and-negligent-driving-278451
3. Government assures AIMTC that Section 106(2) will not be implemented without consultation (January 2024), The Week: https://www.theweek.in/news/india/2024/01/03/hit-and-run-law-truckers-strike-called-off-after-centre-promises-to-address-concerns.html
4. Motor Vehicles Act, 1988, Section 134, duties of driver in case of accident, Devgan.in: https://devgan.in/mva/section/134/
5. Section 134A Motor Vehicles Act, Good Samaritan protection: https://www.apnilaw.com/news/golden-hour-and-good-samaritan-provisions-under-the-mv-act-section-134a/
6. Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, ₹2 lakh death and ₹50,000 grievous injury, w.e.f. 1 April 2022, SCC Online: https://www.scconline.com/blog/post/2022/03/01/compensation-to-kin-of-victims-of-hit-and-run-accidents-increased-w-e-f-april-2022-scheme-for-compensation-to-victims-notified/