Truck Drivers' Protest: Why Truckers Are Opposing New Law For Hit-And-Run Cases — Explained

Truck Drivers' Protest: A nationwide agitation by drivers against the newly implemented Bharatiya Nyay Sanhita (BNS) has led to fears of disruption in the fuel supply chain as long queues can be seen outside fuel pumps in various states.

As the nationwide agitation by truck drivers against the newly implemented Bharatiya Nyaya Sanhita (BNS) intensifies, fuel pumps in various states are witnessing prolonged queues. This surge in demand is not driven by anticipation of fuel price hikes but by escalating fears that the ongoing truckers’ protest may disrupt the fuel supply chain. The apprehension is that if the protests persist, essential supplies could also face shortages.

Protests have erupted in multiple states, including Bihar, Punjab, Maharashtra, Madhya Pradesh, Himachal Pradesh, and Chhattisgarh, primarily in opposition to the punishment imposed for hit-and-run accidents under the new BNS. 

In Maharashtra, truckers staged 'rasta roko' protests at multiple locations on Monday, primarily opposing the severe penalties and steep fines outlined for motorists under the hit-and-run provision in the recently enacted penal law, news agency PTI  reported. In Nashik district, tanker drivers halted work, parking over 1,000 vehicles in Panewadi village, a hub for fuel depots. 

Why Truckers Are Protesting

The ongoing protests stem from discontent with the BNS, which replaced the colonial-era Indian Penal Code. The law prescribes strict penalties, including up to 10 years in prison and a corresponding fine for drivers causing serious accidents who then flee without reporting to authorities.

Truckers, cab drivers, and operators of commercial vehicles are expressing concerns about their ability to afford such exorbitant fines in the event of an accident. 

The agitation took a violent turn in Navi Mumbai, with protesters attacking a police official near NRI police station in Nerul. The police used force to control the situation, detaining at least 40 truck drivers. In Kalamboli, around 400 people staged a 'rasta roko' on the Mumbai-Bengaluru highway, demanding the withdrawal of the new provision, as per PTI.

What Bharatiya Nyaya Sanhita Says On Hit-And-Run Accidents 

Under the BNS, hit-and-run accidents and death due to rash driving fall under the law for causing death by negligence. The law, having received the President's assent after clearing Parliament, introduces two clauses under Section 104. The first imposes a maximum imprisonment of seven years for causing death by a rash or negligent act, along with a fine. The second, for fleeing the scene or failing to report the incident, carries a maximum sentence of ten years along with a fine. The new law replaces IPC's Section 304A, which prescribed a maximum prison term of two years or a fine or both for similar offences.

"(1) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine," the first clause reads.

"(2) Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide and escapes from the scene of incident or fails to report the incident to a Police officer or Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine," the second clause states.

What Protesters Say About Hit-And-Run Provision Under BNS

Bhopal cab driver Gyansingh Yadav broke down while speaking about the protests, emphasising the impact on drivers' lives. "The likes of myself, who drive cabs for a living, could still be home at night. But the truck drivers often don't get to meet their loved ones for 15 days or more. We are not against any government or law but I feel some amendments should be made, especially with regard to the penal provisions against drivers. The new law attracts a 10-year prison term for errant drivers. I feel it should be reduced to 1-2 years," Yadav told news agency ANI on Monday.

In Chhattisgarh's Raipur, a bus driver expressed the plight of the economically disadvantaged terming the law unfair and called for action against vehicle owners instead. "We are poor people. Penal action should be taken against the owners of our vehicles. This law is unfair on us and we'll continue to be on strike till our demands are met," the bus driver said, as per ANI.

Truckers Won't Face Stringent Punishment If They Report Accident, Govt Official Says

PTI cited a senior government official as informing on Tuesday that a driver involved in an accidental collision with a person, who promptly reports the incident to the police or takes the victim to the nearest hospital, will not face prosecution under the stringent clauses of the BNS.

Addressing the concerns raised by protesting truckers, the official dismissed them as unfounded, emphasising that the hit-and-run provision would only be applicable to drivers attempting to evade responsibility by not informing the police. The stringent punishment will also be applied in cases involving drunken driving and subsequent accidents, PTI reported the official as saying.

The updated provision, extending the punishment to 10 years for hit-and-run cases, is as per the Supreme Court's observations, PTI cited sources saying.

Impact Of Truckers’ Protest On Fuel Supply

The protest has seen the participation of drivers of thousands of fuel-carrying tankers, contributing to a fuel crisis in several cities. According to PTI, the President of the Nashik District Petrol Dealers Association, Bhushan Bhosale, expressed concerns about fuel stations running dry if the agitation persists.

In Madhya Pradesh, authorities in various districts, including Bhopal, Indore, Gwalior, and Jabalpur, told PTI that there is no fuel shortage at petrol pumps. Madhya Pradesh Petroleum Dealers Association President Ajay Singh assured that the fuel supply situation would normalise across the state by Tuesday evening. He emphasised that adequate measures are being taken to maintain fuel supply, PTI reported.

Congress Demands Withdrawal Of Hit-And-Run Provision In BNS

Congress MP Rahul Gandhi condemned the Modi government over the protests as he took to X and posted: "The insistence on making laws without discussion with the affected class and without dialogue with the opposition is a constant assault on the soul of democracy. When more than 150 MPs were suspended, the autocrat in Parliament, instead of addressing the backbone of the Indian economy, enacted a law against drivers that could have devastating consequences. Subjecting this hardworking class with limited income to harsh legal fines can severely impact their livelihoods.” 

“Moreover, the misuse of this law can encourage organised corruption through the 'recovery system.' The government, which drives democracy with a whip, seems to have forgotten the difference between 'the emperor's decree' and 'justice’,” he added.

Earlier, the Maharashtra Congress, led by Nana Patole, demanded the withdrawal of the hit-and-run provision, deeming it unjust and harsh on motorists. Patole accused the government of passing an oppressive law, and the party pledged support to the truck drivers, PTI reported.

Notably, Union Home Secretary Ajay Bhalla is set to chair a meeting of the All India Transport Congress on Tuesday over the protests against the 'hit-and-run' provision in the new penal law, as per ANI.

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