Key points
- Causing death by rash or negligent driving is punished under Section 106(1) of the BNS with up to five years' imprisonment and fine, replacing Section 304A IPC.
- Section 106(2), the stricter hit-and-run offence carrying up to ten years, has not been brought into force.
- Compensation is claimed separately before the Motor Accident Claims Tribunal, and the vehicle's insurer usually pays the award.
- No-fault compensation of ₹5 lakh for death and ₹2.5 lakh for grievous hurt is available without proving negligence.
- Victims of untraced vehicles can claim ₹2 lakh for death and ₹50,000 for grievous hurt under the 2022 hit-and-run scheme.
- Accident victims are entitled to cashless treatment of up to ₹1.5 lakh for seven days at designated hospitals, and people who help them are protected by law.
Road accident laws in India work on two separate tracks. The criminal track decides whether a driver should be punished, mainly under Section 106 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 304A of the Indian Penal Code (IPC) from 1 July 2024. The civil track decides the compensation owed to an injured person or to the family of someone killed, through a claim before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988.
The tracks are independent: a family can recover compensation even if the driver is acquitted, and a driver can be prosecuted even after the insurer has paid. This guide explains both, along with the rules for hit-and-run cases, cashless treatment, protection for people who help, and the steps to take after an accident.
Criminal liability under Section 106 BNS (formerly Section 304A IPC)
Section 106(1) punishes causing the death of any person by a rash or negligent act that does not amount to culpable homicide. The maximum sentence is five years' imprisonment and fine, up from two years under Section 304A. The offence is cognizable and bailable, and an accident that happened before 1 July 2024 is still charged under Section 304A.
‘Rash’ means going ahead despite knowing the risk, such as overtaking on a blind curve. ‘Negligent’ means failing to take the care a reasonable driver would take, such as turning without checking the mirrors. Where the conduct shows knowledge that death was likely, the police may instead charge culpable homicide not amounting to murder under Section 105 of the BNS (formerly Section 304 IPC), a charge the Supreme Court upheld in a drunk-driving case, Alister Anthony Pareira v. State of Maharashtra (2012).
The death must be a direct result of the driver's act
For a conviction under Section 106(1), the death must be the direct and proximate result of the driver's rash or negligent act, not a remote or indirect consequence of it. If the act of a third person, or of the victim, intervenes and breaks that chain, the prosecution's case weakens.
Take two examples. A driver who is talking on a mobile phone and runs down a pedestrian is directly responsible for the death. But where a car strikes a building and a window sill later falls on a passer-by, liability under this section depends on whether the fall was a direct result of the collision or of something else, such as the owner's failure to secure a damaged structure.
The driver's duty to keep the vehicle under control
A person driving or riding a vehicle has the primary duty to keep it under control. When a vehicle runs into a person or an object in circumstances that do not ordinarily happen without negligence, the driver is expected to explain how the accident occurred despite reasonable care, for instance a sudden mechanical failure despite proper maintenance. Tribunals often apply this principle in compensation claims, but in a criminal trial the prosecution must still prove negligence beyond reasonable doubt.
Section 106(2) and hit-and-run cases
Section 106(2) provides up to ten years' imprisonment and fine where a driver causes death by rash and negligent driving and escapes without reporting it to a police officer or Magistrate soon after. This provision has not been brought into force. It was held back after transport operators protested in early 2024, and in July 2026 the Delhi High Court dismissed a public interest petition seeking its enforcement. Until it is notified, a fatal accident is charged under Section 106(1).
Fleeing still has consequences. Section 134 of the Motor Vehicles Act requires a driver to take reasonable steps to get medical attention for the injured, unless mob fury or another reason beyond their control prevents it, and to report the accident at the nearest police station within twenty-four hours. Breaching these duties is a separate offence under that Act.
Other offences in road accident cases
| Section | What it covers | Maximum punishment |
|---|---|---|
| 106(1) (formerly 304A IPC) | Causing death by a rash or negligent act | 5 years and fine |
| 106(2) | Causing death by rash and negligent driving and escaping without reporting (not in force) | 10 years and fine |
| 281 (formerly 279 IPC) | Rash or negligent driving on a public way that endangers life or is likely to cause hurt | 6 months, or fine up to ₹1,000, or both |
| 125 (formerly 336 IPC) | A rash or negligent act endangering human life or personal safety | 3 months, or fine up to ₹2,500, or both |
| 125(a) (formerly 337 IPC) | The same, where hurt is caused | 6 months, or fine up to ₹5,000, or both |
| 125(b) (formerly 338 IPC) | The same, where grievous hurt is caused | 3 years, or fine up to ₹10,000, or both |
Drunk driving, dangerous driving and driving without a licence or insurance are separate offences under the Motor Vehicles Act and are often charged alongside these sections.
Claiming compensation before the Motor Accident Claims Tribunal
A claim for death, injury or damage to property is filed under Section 166 of the Motor Vehicles Act by the injured person, the owner of the property, or the legal representatives of a person who died. The claimant may choose the tribunal for the area where the accident happened, where the claimant lives or carries on business, or where the defendant lives.
The claim names the driver, owner and insurer of the vehicle. Because third-party insurance is compulsory (Section 146), the insurer usually pays the award, subject to the defences the law allows it. The police must also send an accident information report to the tribunal, which must treat it as a claim application (Sections 159 and 166(4)). An appeal against an award lies to the High Court under Section 173, ordinarily within ninety days; for Chhattisgarh, that is the High Court at Bilaspur.
The steps in a claim before the tribunals are set out on the firm's motor accident claims page.
How compensation is worked out
In death claims, tribunals follow the method laid down by the Supreme Court in Sarla Verma v. Delhi Transport Corporation (2009) and National Insurance Co. Ltd. v. Pranay Sethi (2017). The deceased's income, with an addition for future prospects and a deduction for personal expenses, is multiplied by a figure linked to age, and fixed sums are added for loss of estate, loss of consortium and funeral expenses. Injury claims cover medical costs, lost earnings, pain and suffering, and loss of future earning capacity where disability is permanent.
No-fault compensation
Section 164 provides a fixed sum of ₹5 lakh for death and ₹2.5 lakh for grievous hurt, payable by the owner or insurer without proof of anyone's negligence. It is a quicker route where fault is hard to establish, though a claim based on actual loss under Section 166 can be higher. Once the tribunal records a settlement, the claim ends, so check any offer from the insurer before accepting it.
Hit-and-run compensation
Where the vehicle cannot be identified, there is no owner or insurer to claim against. Instead, Section 161 and the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 provide ₹2 lakh for death and ₹50,000 for grievous hurt from the Motor Vehicle Accident Fund. The application goes to the Claims Enquiry Officer of the sub-division or tehsil where the accident happened, and since a 2026 amendment the enquiry and sanction are handled on an electronic portal.
Cashless treatment and the golden hour
The Motor Vehicles Act recognises the ‘golden hour’, the first hour after a traumatic injury, when prompt care is most likely to prevent death. Under a central scheme notified in May 2025 under Section 162, a road accident victim is entitled to cashless treatment of up to ₹1.5 lakh, for up to seven days from the accident, at designated hospitals.
No hospital should delay emergency care for police formalities. The Supreme Court held in Parmanand Katara v. Union of India (1989) that every doctor has a duty to give immediate medical aid to preserve life.
Protection for Good Samaritans
Section 134A, added to the Motor Vehicles Act in 2019, protects a Good Samaritan: a person who, in good faith, voluntarily and without expecting reward, gives emergency help at the scene or takes the victim to hospital. Such a person is not liable in any civil or criminal action for injury or death caused by their negligence in giving that help.
Rules made in 2020, building on guidelines the Supreme Court gave the force of law in Save Life Foundation v. Union of India (2016), provide that no one can compel a Good Samaritan to disclose their name or contact details. A person who takes a victim to hospital must be allowed to leave immediately, and becoming a witness is entirely their choice.
What to do after a road accident
- Get medical help first: call 112 for emergency response or 108 for an ambulance, and take the injured to the nearest hospital.
- Inform the police, and note the registration numbers of the vehicles involved and the names and phone numbers of witnesses.
- If it is safe, photograph the scene, the vehicles, the road and the injuries.
- Keep every medical record: the medico-legal certificate, prescriptions, bills, discharge summary and, in a fatal case, the post-mortem report.
- Collect proof of income, age and dependants, such as salary slips, income tax returns and school certificates, since compensation depends on them.
- Inform your own insurer promptly. A dispute with your own insurer over damage to your vehicle is a consumer matter, not a tribunal claim; see our guide to the Consumer Protection Act, 2019.
- Do not sign a settlement or accept a lump sum before checking it against what the law allows.
Time limit for filing a MACT claim
Section 166(3), added in 2019, says a claim must be filed within six months of the accident. The Supreme Court, while hearing a challenge to that limit, has directed Claims Tribunals and High Courts not to dismiss claims as time-barred on that ground, and the police report that the tribunal must treat as a claim is a further safeguard. Even so, file as early as you can, while medical records are complete and witnesses can still be traced.
Frequently asked questions
What is the punishment under Section 106 BNS for a fatal road accident?
Under Section 106(1) of the BNS, causing death by a rash or negligent act, including rash or negligent driving, is punishable with up to five years' imprisonment and fine. It replaced Section 304A IPC, which carried up to two years, for accidents on or after 1 July 2024. The offence is cognizable and bailable. Accidents before that date are still tried under Section 304A.
Is the hit-and-run provision in Section 106(2) BNS in force?
No. Section 106(2), which provides up to ten years' imprisonment for a driver who causes death by rash and negligent driving and flees without reporting it, has not been brought into force. Fatal accidents are therefore charged under Section 106(1). Failing to help the injured or to report the accident within twenty-four hours is still an offence under the Motor Vehicles Act.
How do I file a MACT claim?
File a claim petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal where the accident happened, where you live or carry on business, or where the defendant lives. Name the driver, owner and insurer, and attach the FIR, medical records, proof of income and, in a death case, the post-mortem report. The tribunal also treats the police accident report as a claim.
Can I get compensation if the vehicle is never traced?
Yes. Under Section 161 of the Motor Vehicles Act and the 2022 hit-and-run scheme, the victim or the family can receive ₹2 lakh for death or ₹50,000 for grievous hurt from the Motor Vehicle Accident Fund. The application goes to the Claims Enquiry Officer of the sub-division or tehsil where the accident happened, not to the tribunal.
Is there a time limit for a MACT claim?
Section 166(3) says a claim must be filed within six months of the accident. The Supreme Court, while hearing a challenge to that provision, has directed tribunals and High Courts not to dismiss claims as time-barred on that ground. Filing early is still sensible, because evidence is easier to gather and the police report can be matched with the medical records.
Will I get into trouble for taking an accident victim to hospital?
No. Section 134A of the Motor Vehicles Act protects a Good Samaritan who helps an accident victim in good faith from civil and criminal liability. No one can force you to give your name, you must be allowed to leave the hospital, and becoming a witness is your choice. Hospitals should begin emergency treatment without waiting for police formalities.
Law and judgments referred to
- Bharatiya Nyaya Sanhita, 2023 (Sections 105, 106, 125 and 281)
- Motor Vehicles Act, 1988, as amended by the Motor Vehicles (Amendment) Act, 2019
- Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, as amended in 2026
- Central scheme for cashless treatment of road accident victims, notified in May 2025 under Section 162 of the Motor Vehicles Act
- Sarla Verma v. Delhi Transport Corporation (2009) and National Insurance Co. Ltd. v. Pranay Sethi (2017), Supreme Court of India
- Save Life Foundation v. Union of India, Supreme Court of India, 2016
- Parmanand Katara v. Union of India, Supreme Court of India, 1989
- Alister Anthony Pareira v. State of Maharashtra, Supreme Court of India, 2012
This guide explains the general law as it stood on 24 September 2026. It is not legal advice. For advice on a particular matter, consult an advocate.
