Hit and Run and Fatal Accident Cases Under Section 106 BNS

A driver accused after a fatal road accident in Delhi is usually booked under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS), causing death by a rash or negligent act. It is bailable and punishable with up to five years’ imprisonment and fine. The much-discussed hit-and-run clause, Section 106(2), which prescribes up to ten years for a driver who escapes without reporting the accident, was kept out of force when the BNS began on 1 July 2024 and had not been notified as of mid-2026. The defence of a driver therefore starts with what the police can actually prove about the driving and about the minutes after the accident.

Section 106 BNS: what it says

Section 106(1) (formerly Section 304A IPC) punishes causing the death of a person by a rash or negligent act not amounting to culpable homicide, with imprisonment of up to five years and fine. A registered medical practitioner acting in the course of a medical procedure faces up to two years.

Section 106(2) punishes causing death by rash and negligent driving and escaping without reporting it to a police officer or a Magistrate soon after the incident, with imprisonment up to ten years and fine. After truck and bus drivers protested in January 2024, the Government said it would consult transporters before invoking this clause. The commencement notification of 1 July 2024 brought the BNS into force except Section 106(2). In July 2026 the Delhi High Court dismissed a public interest petition about the delay, saying it was for the Government to notify the clause. Because this can change, we check the current notification in every case.

The renumbering of the old sections is explained in our IPC to BNS guide.

Other sections the police add

• Section 281 BNS (formerly Section 279 IPC): rash driving on a public way, up to six months or fine of up to one thousand rupees, or both.
• Section 125 BNS: acts endangering life or personal safety, with separate punishments where hurt or grievous hurt is caused to others in the same accident.
• Section 105 BNS: culpable homicide not amounting to murder. Police invoke it where they allege the driver knew death was likely, typically drunk driving at high speed. In Alister Anthony Pareira v. State of Maharashtra (2012), the Supreme Court upheld a conviction for culpable homicide in such a case. Section 105 is non-bailable, so its addition changes everything about bail.
• Motor Vehicles Act, 1988: drunk driving (Section 185), driving without a licence (Section 3 read with Section 181) and failure to report (Section 134 read with Section 187).

After the accident: the first 24 hours

1. Help the injured and report. Section 134 of the Motor Vehicles Act requires the driver to take reasonable steps to secure medical attention for the injured and to report to the police as soon as possible, and within 24 hours. Many drivers leave the spot out of fear of the crowd; going to the nearest police station soon after is the best answer to any later allegation of escape.
2. Do not give a written statement in a panic. Give your name and the facts of the accident; the details of your driving can wait until you have spoken to a lawyer.
3. Note what you can: the time, the signal and road position, the light, other vehicles, CCTV cameras nearby and witnesses.
4. Expect a medical examination. In Delhi, police usually send the driver for a medical test to check for alcohol. Cooperate; refusing is read against you.

Bail

Because Section 106(1) is bailable, the driver is entitled to bail on furnishing a bond, usually at the police station itself, and if not, before the Magistrate at the first production. Where Section 105 BNS or another non-bailable offence is added, bail is decided on merits under the principles on our regular bail page. For accidents in South and South-East Delhi, these matters generally go to the Magistrates at the Saket Courts, though allocations change.

Defending the case at trial

The prosecution must prove rashness or negligence, not merely that a death occurred. The usual points of defence are:

• Identity of the driver, where the vehicle was not stopped at the spot.
• Mechanism of the accident: the site plan, the position of the vehicles, skid marks, and damage to each vehicle.
• The mechanical inspection report: brake failure or a defect is relevant, as is the absence of damage consistent with the prosecution’s story.
• Contributory conduct: a pedestrian crossing a highway at night, or a two-wheeler coming the wrong way, does not excuse negligence, but it bears on whether the driver was negligent at all.
• Eyewitnesses and CCTV: in Delhi, footage from traffic and private cameras is often decisive, and it is overwritten quickly, so it must be sought early.

Releasing the vehicle

The vehicle is seized and inspected. After the mechanical inspection, the registered owner can apply to the Magistrate for release on superdari, usually on a bond and an undertaking to produce the vehicle when required. Commercial vehicles lose earnings every day they stand in a police yard, so this application should be made promptly.

The compensation claim is separate

The victim’s family can claim compensation before the Motor Accident Claims Tribunal; the insurer normally defends that claim. It runs independently of the criminal case. This page deals with the driver’s defence in the criminal case only.

Appeal

If the driver is convicted, an appeal lies to the Sessions Court, and sentence can be suspended while it is pending; see criminal appeals and revisions.

Call us from the police station if you can. No lawyer can promise the outcome of an accident case, but the steps taken in the first day often shape it.