Sections 106(1) and 106(2) of the Bharatiya Nyaya Sanhita (BNS) aim to address the crucial issue of hit-and-run cases plaguing the Indian roads. Information provided by the Ministry of Road Transport and Highways (MoRTH) indicates that the proportion of hit-and-run incidents in overall road accidents and fatalities stood at 14.6 per cent and 18.1 per cent in 2022, respectively. In the preceding year, these figures were 16.8 per cent and 11.8 per cent in 2021. These stats reveal the urgency for stricter laws regarding hit-and-run cases. Unfortunately, the recent legislative intervention has received a countrywide agitation from transporters and drivers — predominantly truck drivers. On Indian roads, particularly highways, trucks carry a formidable ‘persona’ of their own. Truck drivers usually travel long distances, spending sleepless nights and are stricken by perpetual fatigue. Often red-eyed, they bear a rogue personality known for reckless, rash driving. Their long and arduous journeys, coupled with commercial obligations, compel them to resort to over speeding. Trucks and certain other heavy vehicles are at the heart of hit-and-run cases. This is the reason that although the aforementioned sections of BNS are to be applied to all vehicles, it is predominantly the truck drivers who are protesting against the new law. It may be recalled that the Supreme Court of India has also stated in multiple cases that strict action should be taken against those drivers who recklessly drive vehicles, cause accidents resulting in someone’s death, and then flee the scene. Clearly, the new laws aim to address a genuine issue. However, the unilateral nature of decision-making, lacking due consultations and deliberations, seems to ignore the concerns of drivers and protestors — leading to a widespread backlash. The episode signifies the importance of consultation in law- and policy-making. In a bid to reassure the protestors, Union Home Secretary Ajay Bhalla has clarified that “the new laws have not been implemented yet”, adding that the “decision to invoke Section 106(2) of the Bharatiya Nyaya Sanhita will be taken only after consultation with the All India Motor Transport Congress”. This late realisation is emblematic of the government's in-general approach to policy making — leading to chaos and disruption in numerous instances. A democracy functions on the will of the people and the yardstick of parliamentary majority cannot be used as a brute force. Apart from the non-consultative route of the law-making, efficacy and proportionality of the BNS sections are also being questioned. It is very clear that no driver would intentionally kill unknown individuals on the road. Negligence may be a factor, but the perverse working conditions of truck drivers is also a significant factor. In such cases, amplifying deterrence through increasing the degree of punishment might not be the best or sufficient solution. A comprehensive strategy facilitating the terms and working conditions of truck drivers is required. Additionally, efficient traffic regulations are key to ensuring a smooth passage of vehicles on the road. In a nutshell, apart from introducing a proportional deterrence to hit-and-run cases, addressal of the root causes of overwhelming accidents is imperative. It may also be noted that running away after hitting a person comes as a most practical reflection on the part of truck drivers. Truck drivers comprise an ‘outsider’ class of their own, and are vulnerable to threatening societal wrath in residential areas. If they don’t run away, they are most likely to be attacked and mishandled by the mob, even before the administration intervenes. In the worst case scenario, the truck driver may face severe bodily injuries, or even death, at the hands of the mob. In another scenario that is no better, the truck may be damaged or set ablaze — forcing the driver to face the dual wrath of the mob and the truck owner. The BNS sections appear to be considerate of this aspect, as evident in the distinction outlined between Sections 106(1) and 106(2). Should an individual promptly report an accident caused by reckless driving to a police officer or magistrate, they will be exempt from charges under subsection 106(2). Instead, they will be charged under Section 106(1), which incurs a milder sentence of up to five years and is a bailable offense. It's important to note that Section 106(2) is classified as a non-bailable offense. If not exactly on the scene, then the driver can inform the police after crossing a certain distance. It is also imperative that the government takes serious steps to regulate mob behaviour in such cases — preventing them from taking law into their own hands. To sum up, the government aims to address a crucial issue through Sections 106(1) and 106(2) of the BNS. However, due consultation should be made and additional measures need to be undertaken.