The government has temporarily suspended the provision pertaining to hit-and-run cases under the Bharatiya Nyay Sanhita.
The Central Government has issued three gazette notifications, announcing the enforcement of three new criminal laws – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act – starting from July 1. However, the provision related to hit-and-run cases under the Bharatiya Nyay Sanhita has been temporarily suspended. These laws were approved by Parliament during the Winter Session, and President Droupadi Murmu granted assent on December 25. Prime Minister Narendra Modi instructed the phased implementation of these new criminal laws across all Union Territories last month. The gazette notification specifies the effective date for the provisions of the Bharatiya Nyaya Sanhita, except for the provision of sub-section (2) of section 106, as July 1, 2024.
In January, transporters’ associations nationwide conducted protests against specific provisions in the new code. According to these provisions, any driver causing the death of a person due to rash and negligent driving, and subsequently fleeing the scene, could face imprisonment for up to 10 years and/or fines. The Centre had given assurance to all transporters that a decision regarding the implementation of these stringent provisions under Bharatiya Nyay Sanhita would only be made after consulting with the All India Motor Transport Congress (AIMTC).
The government has additionally chosen to assemble a team of 3,000 officers tasked with training police officers, investigators, and forensic experts for the nationwide implementation of the new laws in a “zone-wise” approach. The training will primarily emphasize forensic evidence, and a model setup in Chandigarh will be established to ensure a robust online mechanism, given that most records will be digitized.
“In the exercise of the powers conferred by sub-section (3) of section 1 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the Central Government hereby appoints July 1, 2024, as the date on which the provisions of the said Sanhita, except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule, shall come into force,” it adds.
Last month, Union Home Secretary Ajay Bhalla had a meeting with chief secretaries, advisers to administrators, and all the police chiefs of UTs to review their preparedness. They were asked to immediately flag issues that they faced in the process of implementing the laws to the Ministry of Home Affairs (MHA).
“Bhalla asked them to conduct a comprehensive review of their existing infrastructure as well as the requirements for the rollout of the new laws. They were also asked to conduct necessary consultations with the stakeholders concerned, including the high courts concerned, to make realistic assessments,” said a source, adding that PM Modi has desired that UTs must implement the laws immediately from the date of notification.
