Hit-and-Run Law in India — Section 134 and the 2019 Amendment
Fleeing after an accident is a criminal offence. Stopping is both a legal duty and a moral one. Here is what the law says.
Fleeing after causing a road accident — "hit-and-run" — is one of the most serious road offences under Indian law. Under the Motor Vehicles Act, every driver involved in an accident has a legal duty to stop, render aid, and report the incident. Failure to do so is a criminal offence, independently of the accident itself. The 2019 amendment introduced a dedicated compensation fund for victims of such incidents.
Quick Facts
- ●Section 134: legal duty to stop and report
- ●Hit-and-run death compensation: ₹2,00,000
- ●Hit-and-run injury compensation: ₹50,000
- ●Fine for not reporting: ₹500 + 3 months jail
- ●Good Samaritan: legally protected helper
- ●Call 112 (emergency) or 108 (ambulance)
The Legal Duty: Section 134 MV Act
Under Section 134 of the Motor Vehicles Act 1988, any driver involved in an accident that causes injury or death must:
- ›Stop the vehicle immediately.
- ›Provide or arrange medical assistance for the injured — call 112 or 108 (ambulance).
- ›If necessary, take the injured to the nearest hospital without waiting for police.
- ›Report the accident to the nearest police station as soon as reasonably practicable.
- ›Provide details (name, address, vehicle number, insurance) to police or traffic authorities.
- ›Penalty for failure to stop/report: ₹500 fine + up to 3 months imprisonment (first offence).
Hit-and-Run Compensation Scheme — Sections 161–162
The Motor Vehicles (Amendment) Act 2019 introduced the Solatium Scheme, a compensation fund for victims of hit-and-run accidents where the vehicle or driver cannot be traced:
- ›Death: ₹2,00,000 compensation from the fund.
- ›Grievous hurt: ₹50,000 compensation from the fund.
- ›The fund is managed by the General Insurance Council and financed by a levy on insurance premiums.
- ›Victims or their families must file a claim with the claims enquiry officer of the district.
- ›This compensation does not bar criminal prosecution of the driver if later traced.
- ›If the driver is traced, they are liable for full compensation plus criminal punishment.
Criminal Consequences for the Driver
A driver who flees faces compounding criminal charges:
- ›Section 134 MV Act: ₹500 + 3 months imprisonment for failure to stop/report.
- ›Section 184 MV Act (dangerous driving): ₹1,000–₹5,000 + up to 1 year imprisonment.
- ›IPC/BNS Section 304A (causing death by negligence): up to 2 years imprisonment.
- ›IPC/BNS Section 338 (grievous hurt by rash act): up to 2 years imprisonment.
- ›Driving licence suspension or permanent cancellation.
- ›Insurance rejection: all claims may be voided — the driver becomes personally liable for all damages.
- ›If intent to cause harm is established: IPC/BNS Section 304 (culpable homicide) — up to 10 years.
Your Protection as a Helper — Good Samaritan Law
A major reason people hesitate to stop is fear of police harassment or hospital formalities. The Good Samaritan Law (Section 134A, inserted in 2019) addresses this directly:
- ›You cannot be detained by police merely for bringing an accident victim to a hospital.
- ›Hospitals must treat emergency patients without demanding police documents first.
- ›You do not have to identify yourself to the hospital if you do not wish to.
- ›You cannot be held legally liable for the victim's outcome if you acted in good faith.
- ›Your assistance is legally recognised — you can leave after handing the victim over.
- ›Bystanders who assist must not be summoned to police stations unless they voluntarily agree to be a witness.
What to Do If You Are Involved in an Accident
Whether the accident is minor or serious, the correct steps are:
- ›Stop immediately — do not drive away under any circumstances.
- ›Call 112 (national emergency) or 108 (ambulance) for injured persons.
- ›Do not move seriously injured persons unless there is immediate fire risk.
- ›Turn on hazard lights and place a warning triangle behind the vehicle if available.
- ›Photograph the scene — vehicle positions, damage, any signage.
- ›Exchange name, address, vehicle number, and insurance details with all parties.
- ›Report to the nearest police station as soon as possible — even if the other party says not to.
- ›Notify your insurer within 24 hours of the accident.
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