Hit and Run in Faridabad: Section 106 BNS and the Compensation Scheme You Can Claim

A vehicle hits someone on the road and speeds away. No number plate, no witness, no one to blame. The family is left with a body or a hospital bill and a single question: now what?

Hit-and-run cases feel hopeless because the offender vanishes. But Indian law has two separate answers here — one that punishes the driver, and one that pays the victim even if the vehicle is never traced. Most people in Faridabad only know about the first.

Here is the full picture, in plain language.

What Counts as a Hit and Run?

A hit and run happens when the driver of a vehicle causes death or injury and then flees the scene without reporting it to the police or a Magistrate and without helping the victim.

The running away is what makes it different from an ordinary accident case.

Section 106 BNS: What the Law Says Today

With the Bharatiya Nyaya Sanhita (BNS), 2023 replacing the IPC from 1 July 2024, negligent-driving deaths are now covered by Section 106 BNS. It has two parts, and the difference between them matters enormously.

Section 106(1) — Currently in Force

This covers causing death by a rash or negligent act not amounting to culpable homicide. The punishment is imprisonment up to five years, plus fine.

This is a significant jump. Under the old Section 304A IPC, the maximum was only two years.

Section 106(2) — Passed, But Not Yet in Force

This is the much-discussed “hit and run” provision, prescribing up to ten years imprisonment for a driver who causes death and escapes without reporting the incident.

Here is the crucial part that many blogs get wrong: Section 106(2) has not been notified and is not currently operational. After nationwide protests by transporters, the Central Government assured the All India Motor Transport Congress that it would be brought into force only after consultation. The Delhi High Court recently declined to order its enforcement, holding that notifying a provision is for the Government to decide.

In practice today, hit-and-run deaths in Faridabad are registered under Section 106(1) BNS along with the relevant provisions of the Motor Vehicles Act.

The Driver’s Legal Duty

Under Section 134 of the Motor Vehicles Act, a driver involved in an accident must:

• Take all reasonable steps to secure medical attention for the injured
• Report the incident to the nearest police station within 24 hours
• Give information to the insurer

Fleeing out of fear of a crowd is understandable — but the law expects you to call the police or dial 112 from a safe place immediately afterwards. Reporting promptly can be the difference between a lesser and a graver charge.

Compensation When the Vehicle Is Never Found

This is the part most families never hear about.

Under Section 161 of the Motor Vehicles Act, read with the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, the Government pays compensation from a dedicated fund even when the offending vehicle is untraced:

• ₹2,00,000 in case of death
• ₹50,000 in case of grievous hurt

How to Claim It

1. The application is made to the Claims Enquiry Officer — usually the SDM of the concerned sub-division.
2. The officer verifies the accident and forwards a report.
3. The Claims Settlement Commissioner (the District Magistrate) passes the final order.
4. The application should be filed within six months of the accident.

Keep the FIR, post-mortem or medical report, and identity documents ready.

Free Treatment in the Golden Hour

The Motor Vehicles Act also recognises the “golden hour” — the first hour after a traumatic injury, when treatment saves lives. Hospitals are not permitted to refuse or delay emergency care while waiting for police formalities or payment, and a cashless treatment scheme for road accident victims now supports this.

If a hospital in Faridabad refuses emergency treatment, that refusal is itself unlawful.

Can You Still Approach MACT?

Yes. If the vehicle is later identified, the family can file a full claim before the Motor Accident Claims Tribunal, Faridabad under Section 166, where compensation is calculated on income, age and dependency often running into several lakhs, far above the fixed hit-and-run amount.

Any amount already received under the hit-and-run scheme is usually adjusted against the final award.

Conclusion

Two things are worth remembering. If you are a driver, never flee — stop if it is safe, help the injured, and report to the police as soon as you can. If you are a victim’s family, do not assume that an untraced vehicle means no compensation. The ₹2 lakh scheme exists precisely for you, and a MACT claim remains open if the vehicle is ever traced.

The law here is genuinely in transition, and section numbers alone can be misleading. Speak to a practising accident claims advocate in Faridabad who knows which provisions are actually in force.

Note: This blog is just for educational purposes; it does not act as legal advice. For legal representation, contact a practising advocate. This blog cannot be used as legal evidence or for legal purposes.