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MVA 1988 (Amended 2019)ORIGINALChapter IX

Section 187

Punishment for Offences Relating to Accidents

Offences, Penalties and Procedure
Fine: ₹5,000Compoundable: NoEndorsement: Yes
BARE ACT PROVISION

Legal Text

Whoever fails to comply with the provisions of clause (a) or clause (c) of sub-section (1) of section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both and if such person had previously been convicted of an offence under this section, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Simplified Explanation

Section 187 is the penal provision for violations of the hit-and-run duty under Section 134 — the most serious instantiation of driver duty failure. The 2019 Amendment significantly increased penalties from ₹500 to ₹5,000 (and to ₹10,000 for subsequent offences) and extended the maximum imprisonment period. The provision is cognizable — police can arrest without a warrant. A critical interaction: Section 187 covers the procedural failure (not stopping, not reporting, not helping). If an accident causes death, the driver additionally faces BNS Section 106 (causing death by negligence — up to 5 years, or 10 years if hit-and-run) and potentially BNS Section 304 (culpable homicide) for reckless driving. The three-tier culpability framework is: Section 184 (dangerous driving) → Section 187 (hit-and-run) → BNS 106/304 (causing death).

Historical Context

Hit-and-run accidents account for a significant proportion of road fatalities in India — the combination of shock, fear of mob violence, and lack of clear legal duty previously led to many drivers fleeing. The 2019 Amendment's Good Samaritan protections and increased hit-and-run penalties represent a carrot-and-stick approach to changing this pattern.

Critical Changes

Fine: ₹500 → ₹5,000 (10x increase); second offence ₹10,000 — 2019 Amendment.

BNS Section 106(2): death in hit-and-run — minimum 10 years imprisonment (increased from IPC 304A's 2 years).

Good Samaritan protections (Section 134A) remove the excuse of mob fear for staying.

Practical Scenarios

"Driver knocks someone down and drives away — Section 187: ₹5,000 + potential BNS 106."
"Driver stays, helps, reports — Section 134 duty fulfilled, no Section 187 offence."

Common Queries

Under Section 187 MVA: ₹5,000 fine or up to 6 months imprisonment (₹10,000 and up to 12 months for second offence). Additionally, BNS Section 106(2) carries minimum 10 years for hit-and-run causing death.