How to Handle a Hit and Run Case in India
Have you heard about the Pune Porsche accident or the Vadodara crash case? If yes, then you must be aware of the brutal outcomes these hit and run incidents have!
Hit and run cases in India are increasing, which leads to 55% of pedestrian deaths where the vehicle could not be found, and the driver ran away. These events show that our roads can be very unsafe, especially for people walking on them.
This clearly shows that we need stronger law enforcement, better camera systems, and more public awareness to keep our roads safe for everyone. To know more about hit and run cases and the right way to deal with them.
What is a Hit and Run Case?
A hit?and?run in India is when a driver accidentally hits a person, another vehicle, or property on the road and then drives away without stopping to help or report it. A person who hits someone on the road should exchange their third-party details, provide first aid to the injured party, or grant compensation for any damage to the property.
Now, we will discuss punishment for a hit and run case in India, the right way to handle it after an accident, and lastly, the IPC (Indian Penal Code) sections applying to the offender.
How to Handle Hit and Run Cases in India?
Many possibilities can happen after a hit and run accident for the offender and the victim. To get out of it in the best possible way, you have to follow the steps given below:
What To Do If You Are A Victim?
In case you are someone who got hit by a vehicle on the road, and the offender ran away. Here are the steps you should follow:
- Call 102: Check the injuries and damage caused to you and your vehicle. In case of any serious injury, call 102 for immediate medical help.
- Note vehicle details: Try to capture the other vehicle’s registration number, colour, make/model, and any description of the driver. Ask witnesses to help if needed.
- Call the police and report the accident: Provide all details and get an official report (FIR) for your insurance claim.
- Contact your insurer quickly: Tell your insurance company about the hit and run and share the police report and accident details.
- Talk to a lawyer: Get legal advice and share all accident information to understand your rights and options.
What To Do If You Are an Offender?
If you hit someone or something on the road, and want the legal proceedings not to be too harsh on you. Here are the tips you should follow to deal with the situation easily:
- Report to police right away: Give a full, honest account of what happened so they can file an accurate report.
- Notify your insurer soon: Let your insurance company know about the incident as quickly as possible to begin the claim process.
- Hire a lawyer: Get a lawyer involved early to guide you through legal steps, protect your rights, and handle representation.
IPC Sections for Hit and Run Cases
If someone is not fulfilling their liability arising out of an accident, they become liable for punishment under Indian laws. It is not just irresponsible but an inhuman behaviour after destroying some property and harming someone.
The government has set punishments and fines for such offences to discourage them. Indian Penal Code, now known as BNS (Bharat Nyaya Sanhita), is a set of rules against many criminal offences, including hit-and-run cases.
Here are the former sections of IPC and revised sections from BNS (Bharat Nyaya Sanhita) in tabular form, showing punishment for a hit-and-run case:
Indian Penal Code:| IPC Section | Offence | Maximum Punishment |
|---|---|---|
| 279 | Rash or negligent driving endangering life or safety | Up to 6 months jail, ?1,000 fine, or both |
| 337 | Rash/negligent driving causing harm | Up to 6 months jail, ?500 fine, or both |
| 338 | Rash/negligent driving causing grievous hurt | Up to 2 years' jail, ?1,000 fine, or both |
| 304A | Death caused by a rash or negligent act (non-homicidal) | Up to 2 years' jail, fine, or both |
| BNS Section | Offence | Maximum Penalty |
|---|---|---|
| 106(1) | Causing death by rash or negligent driving and reporting to the police/magistrate | Up to 5 years imprisonment + fine |
| 106(2) | Causing death by rash or negligent driving and fleeing without reporting | Up to 10 years imprisonment + fine |
Note: BNS sections have now in enforcement since July 1, 2024. For better understanding, consult a lawyer.
Motor Vehicle Act Rules, 2019 (amended)
Here are the amended rules of the Motor Vehicle Rules, 2019:
| Section | Provision | Compensation / Benefit |
|---|---|---|
| 161(2) | Grievous hurt or death in hit and run motor accidents | ?2 lakh for death ?50,000 for serious hurt |
| 162 | “Golden Hour” cashless medical treatment immediately after an accident | Enables free treatment during the first hour post?accident |
| 163(1) | Refund obligation when the victim receives duplicate compensation | The victim must refund the Section 161 payment to the insurer if compensated under another law |
| 163(2) | The authority must check first before giving any extra compensation | The Claims Tribunal must check the prior Section 161 award before additional payouts |
| 164 | No-fault liability compensation for death or tragic injury | ?5 lakh for death ?2.5 lakh for severe hurt, irrespective of proving fault |
How to Claim Insurance for Hit and Run Cases?
Here are the steps by which you can easily claim your insurance with your insurer:
- Step 1: Gather all accident, repair, and medical documents.
- Step 2: Notify your insurer fast and get your claim started.
- Step 3: Provide all paperwork and damage estimates.
- Step 4: Let the surveyor inspect the vehicle.
- Step 5: Get compensated either cashless or reimbursed, once your claim is approved.
Conclusion
Lastly, hit and run incidents are wrong anyway!
All you need to be cautious while driving on the road. And in case of any collision, try to assist the victim or just ask for help from the bystanders. The replacement of IPC by BNS has made the punishment provisions stricter and harder on offenders. Try to comply with all the rules and regulations to avoid any harsh statements while proceeding.
With all the information given above, you can be aware of the hit and run case and ways to deal with it in the right way. Do not forget to purchase a third-party insurance to deal with financial liability arising out of a hit and run case in India.
Yes. Even if the other driver ran away, you can claim compensation from your insurer or government schemes like Section 161 of the Motor Vehicles Act. A lawyer can help you explore and secure these options.
Yes. If you do not know who the driver is, if it is their fault, or if you are confused about what to do, a lawyer can help you understand the process and get your compensation.
Running away can lead to serious penalties such as criminal charges, fines, jail time, licence suspension and the driver may have to pay for damages or injuries caused.
Under Section 161, the government scheme provides up to ₹2 lakh for fatalities and ₹50,000 for serious injuries in hit and run cases. If your own or the offender’s insurance applies, you may recover further damages.
The Motor Insurers’ Bureau handles claims for accidents involving uninsured or untraceable drivers through special schemes, ensuring victims get the compensation they need.
Yes. You should report the hit-and-run to police and your insurer as soon as possible (ideally within 48–72 hours). Delays can weaken your claim or even lead insurers to reject it.
Under Section 161, the Claims Inquiry Officer forwards your case, and the Claims Commissioner typically issues compensation within 15 days of receiving the report, but police investigation delays can stall this.
By clicking on You, Agreed to our Privacy Policy & Terms of use *Disclaimer
- 5.5 CoreRegistered Consumers
- 50+Insurance Partners
- 3.4 CorePolicies Sold
