The Gauhati High Court has ordered the Assam DGP to stop registering ‘hit and run’ cases under Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), clarifying that the provision has not yet been enacted.
Guwahati: The Gauhati High Court has directed the Director General of Police (DGP) of Assam to issue an order to all police stations within the state, halting the registration of ‘hit and run’ cases under Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), as the provision has not yet come into force.Section 106(2) of the BNS prescribes penalties, including imprisonment for up to ten years and a fine, for individuals who cause the death of a person through rash or negligent driving, which does not amount to culpable homicide, and fail to report the incident to a police officer or Magistrate. However, the court emphasized that the provision remains unenforced, making it inapplicable for legal proceedings at this stage.The issue arose during a Public Interest Litigation (PIL) challenging the constitutional validity of Section 106(2), with the petitioner arguing that it violates the right against self-incrimination under Article 20(3) of the Indian Constitution. The court dismissed the challenge as premature, noting that since the provision has not been implemented, there is no need to address constitutional concerns for now.Furthermore, the court clarified that individuals impacted by wrongful case registrations under the unenforced provision can seek redressal through the appropriate legal channels.
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