What is the law under section 104 of BNS? Why do truck drivers are protesting?
Truck Driver Protest
You already heard or watched on TV new that truck drivers are protesting and have gone on strike. They have parked and stopped their trucks. But the question is why? We know that due to this protest, common people are suffering a lot.
So, this all is happening because of the new law under section 104 of BNS, which has increased the punishment for drivers who cause death by negligent.
The exact law and explanation are given below.
Section 104 of BNS
104. (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.
(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 the 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 for a term which may extend to ten years, and shall also be liable to fine.
Explanation: This legal provision addresses two scenarios involving the causing of death through rash or negligent acts, distinguishing the severity of punishment based on the conduct of the person involved. The provision covers situations where culpable homicide has not occurred but death resulted from reckless or negligent behavior.
- Culpable Homicide Not Involved:
- The provision specifies that the offence is distinct from culpable homicide, which generally involves more severe intent or recklessness leading to death.
- Rash or Negligent Act:
- The provision focuses on acts that are characterized by either recklessness or negligence, leading to the unintended death of another person. These acts, while not rising to the level of culpable homicide, are still deemed serious and warrant legal consequences.
- Punishment – Part 1 (Section 104(1)):
- If a person causes the death of another through a rash or negligent act, the punishment includes imprisonment of either description for a term that may extend to seven years. Additionally, the offender is liable to pay a fine.
- Punishment – Part 2 (Section 104(2)):
- The provision introduces a more severe punishment for individuals who not only cause death through a rash or negligent act but also escape from the scene of the incident or fail to report it promptly to law enforcement. In such cases, the punishment includes imprisonment of either description for a term that may extend to ten years, along with a fine.
Example of Section 104 of BNS
Consider a situation where a person, named Sarah, is driving recklessly and negligently on a busy street. Due to her actions, she accidentally hits and fatally injures a pedestrian. In this case, Sarah may be charged under the legal provision described.
If it is determined that Sarah’s actions were rash or negligent but did not amount to culpable homicide, she could face imprisonment for a term up to seven years and be liable to pay a fine. However, if Sarah not only caused the death but also fled the scene without reporting the incident to the police or a magistrate, the more severe punishment outlined in part 2 of the provision could apply. This could result in imprisonment for a term up to ten years, in addition to a fine.
The legal provision is designed to address instances where death occurs due to negligence or recklessness, ensuring that appropriate punishment is imposed while considering the circumstances of the act and the subsequent behavior of the person responsible.