Hit-and-Run Law in India — Section 134 and the 2019 Amendment
Written and checked byManju Shekhar· Motor Law & Compliance
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 (Section 187, as amended in 2019): up to 6 months imprisonment, or a ₹5,000 fine, or both; for a repeat offence, up to 1 year or ₹10,000, or both.
Hit-and-Run Compensation Scheme — Section 161
Where the vehicle cannot be identified, Section 161 of the MV Act (as substituted by the 2019 amendment) requires the Central Government to pay fixed compensation. The 2019 amendment raised the amount for a death from ₹25,000 to ₹2,00,000:
- ›Death: ₹2,00,000 compensation from the fund.
- ›Grievous hurt: ₹50,000 compensation from the fund.
- ›It is paid through the Motor Vehicle Accident Fund constituted under Section 164B.
- ›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 187 MV Act (failure to stop/report under Section 134): up to 6 months, or ₹5,000, or both.
- ›Section 184 MV Act (dangerous driving): 6 months to 1 year imprisonment, or ₹1,000–₹5,000, or both.
- ›Bharatiya Nyaya Sanhita Section 106(1) (causing death by negligence; formerly IPC 304A): up to 5 years and fine.
- ›Bharatiya Nyaya Sanhita Section 125(b) (grievous hurt by a rash or negligent act; formerly IPC 338): up to 3 years, or ₹10,000, or both.
- ›Driving licence suspension or permanent cancellation.
- ›If knowledge that the act was likely to cause death is established: BNS Section 105 (culpable homicide not amounting to murder; formerly IPC 304) — up to 10 years, or more where intent is proved.
- ›BNS Section 106(2) — up to 10 years for escaping without reporting a fatal crash — was excluded when the BNS came into force on 1 July 2024 and has not been brought into effect.
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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