A high-speed sports car on the highway — hit-and-run incidents in India are serious legal offences with strict consequences under the law.
Hit-and-run accidents are more common than most people realize—and they leave behind not only physical injury or damage, but also legal confusion and frustration. Whether you're the victim or a witness, this guide explains your rights, the laws that apply, and what steps to take under Indian law.
This post is part of our traffic law series:
Understanding Indian Traffic Laws: Your Rights After an Accident (2025 Guide)
What Is a Hit-and-Run Under Indian Law?
A hit-and-run occurs when a person causes an accident (involving injury, death, or damage) and then leaves the scene without offering help, reporting it to the police, or taking responsibility.
Key sections of the law that apply:
- IPC Section 279 – Rash or negligent driving
- IPC Section 304A – Causing death by negligence (up to 2 years imprisonment)
- IPC Section 338 – Causing grievous hurt by endangering life
- Motor Vehicles Act (Amended 2019) – Enhanced penalties and compensation mechanisms
Penalties for Hit-and-Run Drivers
If caught, a hit-and-run driver may face:
- Imprisonment ranging from 6 months to 2 years
- Fines between ₹5,000 to ₹10,000 or more
- Suspension or cancellation of their driving license
- Vehicle seizure and criminal prosecution
In fatal cases, the offence may escalate to charges like culpable homicide, depending on police investigation and evidence.
Rights of the Victim or Witness
As a victim, you are entitled to:
- Immediate medical treatment at any hospital (private or government)
- Compensation under the Hit-and-Run Compensation Scheme
- Right to file an FIR and seek investigation
As a witness or helper (Good Samaritan):
- You are protected under Indian law from legal or procedural harassment
- You cannot be forced to disclose personal information unnecessarily
- You are not legally liable if you help in good faith
What to Do If You Witness or Are Involved in a Hit-and-Run
- Ensure Safety First: If safe, attend to the injured; call 112/108.
- Report the Incident: Call the police and describe the fleeing vehicle.
- Assist the Victim: Get them to a hospital, especially if help is delayed.
- Collect Evidence: Take photos, note down witness names, record videos if possible.
- File an FIR: Essential for legal tracking and insurance processes.
- Apply for Compensation: If injured, file a claim through the designated government insurer.
Can You Claim Insurance in a Hit-and-Run?
Yes. Here's how:
- If your vehicle was damaged: file a claim under your own damage (OD) cover
- If you were injured by an unidentified vehicle: use the Hit-and-Run Compensation Scheme
- An FIR and medical documentation are usually required
Common Misconceptions
- "You can’t claim anything if the driver flees" – Not true. Government-backed schemes exist.
- "Helping makes you legally responsible" – False. You're protected as a Good Samaritan.
- "Only police can file reports" – Victims and witnesses can both file FIRs.
Summary
Hit-and-run accidents are traumatic, but Indian law offers strong protections and remedies. Whether you're directly involved or just a witness, your actions matter—and the law supports you. Know your rights, take swift action, and seek the help you deserve.
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