Gauhati HC directs Assam DGP to halt registration of 'Hit and Run' cases under section 106(2) of BNS as provision not in force yet

The Gauhati High Court has directed Assam's Director General of Police (DGP) to issue a directive to all police stations under his jurisdiction, ensuring that no cases are registered under Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) related to death caused by rash driving. The court clarified that this provision, which pertains to non-culpable homicide deaths due to negligent driving, has not yet come into force.

Section 106(2) of the BNS stipulates that anyone causing the death of a person by rash and negligent driving, which does not amount to culpable homicide, and subsequently failing to report the incident to a police officer or Magistrate, could face imprisonment for up to ten years, along with a fine. However, the court emphasized that this provision has not been enacted yet.

The observation came during a Public Interest Litigation (PIL) hearing challenging the validity of sub-section (2) of Section 106, which the petitioner argued violated the Constitution by compelling an individual to be a witness against themselves. The court noted that since the provision has not been implemented, the challenge was premature. As such, the question of declaring it unconstitutional under Article 20(3) of the Indian Constitution does not arise at this stage.

The court further clarified that if the police were to register cases under the unenforced provision, individuals could seek legal remedies by approaching the competent court.


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