New Hit-And-Run Law Gives Hope, May Turn Perpetrators into Protectors: 2016 Delhi Merc Mishap Victim’s Kin
New Hit-And-Run Law Gives Hope, May Turn Perpetrators into Protectors: 2016 Delhi Merc Mishap Victim’s Kin
New hit-and-run law: Fighting for justice for her brother Siddharth Sharma, who died in a mishap involving a minor, Shilpa Mittal urged the critics to look at how the new punishments might one day save their loved ones

Shilpa Mittal’s life took a heartbreaking turn when her brother, Siddharth Sharma, (32), fell victim to a hit-and-run involving a juvenile driving a Mercedes in Delhi in April 2016.

In 2020, the Supreme Court held that the man, who was then a minor, can’t be tried as an adult. Seven years have passed, but the trial is yet to begin. Undeterred, Mittal made a life-altering decision to quit her job a few years ago, dedicating herself to securing justice for Siddharth. The news of a stringent new law against hit-and-run incidents has given her a glimmer of hope.

According to Mittal, the new law would help save lives, making perpetrators the protectors who aid victims, instead of fleeing the scene. “The proposed law could bring about a transformative change, provided law enforcement remains sensitive and committed," she told News18, reflecting on Siddharth’s tragic fate at the hands of a juvenile driver, who fled the spot.

Mittal urged the critics to look at how the new punishments might one day save their loved ones from the devastating impact of a hit-and-run. She sees the legislation as a positive step, bewildered by the opposition it faces.

Mittal feels there is misinformation and political maneuvering surrounding the new law. “Those against it might have misinterpreted its provisions, and politics might be influencing their stance," Mittal said, even as she rued the laxity that prolonged her family’s suffering.

‘DASH CAM CAN BE A GAME CHANGER’

Sharing an incident in central Delhi where she tried to help a hit-and-run victim, Mittal shed light on the challenges faced by Good Samaritans. “After two years of my brother’s death, I tried to save a hit-and-run victim in Delhi’s ITO area. The cops blamed me for the accident and said that I had committed the crime. Thankfully, we have dash cams. We showed the recording and managed to convince the cops," she said.

STRIKES TO BE RELAXED AFTER HOME SECY MEETING

On Tuesday, representatives of All India Motor Transport Congress met Union Home Secretary Ajay Kumar Bhalla and had a successful meeting with Home Ministry officials.

“The Government and All India Motor Transport Congress appealed to all drivers to return to their respective jobs. The office-bearers were informed that these new laws and provisions have not yet come into force and if they have any concerns about section 106 (2) of BNS, the Government will consider it with an open heart," the Ministry of Home Affairs (MHA) said.

WHAT THE LAW SAYS

Culpable Homicide: The Bharatiya Nyaya Sanhita’s Section 106(1) provides for a punishment of 0-5 years and Section 106(2) provides for a punishment of 0-10 years in ‘hit-and-run’ cases.

The duration of sentences in hit-and-run cases has been increased to 10 years because of the observations made by the Supreme Court. The Supreme Court has stated in multiple cases that strict action should be taken against reckless drivers who cause accidents resulting in someone’s death, and flee the scene.

“If a person immediately reports to a police officer or magistrate about the accident caused by reckless driving, the individual will not be charged under subsection 106(2)," the law says.

Instead, the person will be charged under subsection 106(1), where the sentence is lower, i.e. up to 5 years. Section 106(1) is still a bailable offence, while Section 106(2) has been made non-bailable.

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