Delhi City News Archives

New Delhi: Much as the idea of enhancing the penalty for fatal road accidents is desirable, the quantum being considered by the Law Commission is not only excessive but also fraught with legal complications.

If the maximum sentence for fatal road accidents is enhanced from two years to as much as 10 years, as is being contemplated by the Law Commission, it will blur the distinction that the Indian Penal Code (IPC) makes between death caused by rash or drunken driving and the more serious offence of manslaughter or “culpable homicide not amounting to murder.”

For, the same 10-year prison term is already prescribed as the maximum penalty for manslaughter under Section 304 IPC in cases where the act is done “with the knowledge that it is likely to cause death but without any intention to cause death.” It could be a fatal accident that took place because somebody had driven his vehicle fast despite knowing fully well that its brakes were not working.

Recognizing this mitigating factor, the IPC in its present form prescribes a maximum sentence of two years under Section 304A for fatal accidents caused by “any rash or negligent act not amounting to culpable homicide.” Most accidents are tried under this milder provision on the premise that there was not only any intention to cause death but also no knowledge that the act done in all probability would cause death.

Given the rise in the incidence of road accidents, there is surely a need to tighten the enforcement of Section 304A and perhaps even to enhance the penalty. Barely a year ago, in Prabhakaran vs State of Kerala, the Supreme Court acknowledged that there was “substance” in the state’s contention that for combating fatal accidents, a two-year sentence was “grossly inadequate.” But, as Justice Arijit Pasayat added, “it is for the legislature to provide for an appropriate sentence.”

Since Parliament depends on the Law Commission for legislative proposals, it is just as well chairman Justice A R Lakshmanan took up the issue of strengthening Section 304A. But his idea of increasing the punishment by five times does not seem to be what Justice Pasayat had in mind when he called for “an appropriate sentence.”

The 10-year sentence would put road accidents in the category of heinous offences, which being non-bailable would mean that regardless of the circumstances the driver would end up in the police lockup. Since those accused of offences carrying severe penalties do not easily get bail, the accused in what are merely accident cases may be detained for long periods as undertrials.

While finalizing its recommendations, the Law Commission would do well to take such nuances into account so that the proposed changes do indeed have a deterrent effect on fatal road accidents.

DRUNK DRIVING LAW

The legal crackdown against rash driving, including drunk driving, is under two provisions of the law – Motor Vehicles Act and the Indian Penal Code. If the law is enforced properly, the two can catch the offender in a fairly scary pincer. The prison term prescribed is tough, but the monetary penalty a piffle

Motor Vehicles Act
Sec 184: If you are driving dangerously in a crowded place, causing danger to people, you can be booked under this section. First-time offenders can be arrested on the spot, put behind bars for up to 6 months and/or fined Rs 1000. Repeat offence within 3 years can bring a jail term up to 2 years and/or a fine of Rs 2000

Sec 185: You get punished for drunk driving under this section. And the penalty is very stiff – jail up to 2 years and/or Rs 3000 fine

Sec 183: This pertains to over-speeding. First offence, the fine is Rs 400. Second, Rs 500. If the car owner makes the driver drive faster than the speed limit, the owner will be fined

Sec 140: If you are involved in an accident causing death or serious injury to any person, but the fault was not necessarily yours, you will still have a pay a compensation – Rs 50,000 for death and Rs 25,000 for serious injury

Sec 161: In a hit-andrun case causing death or injury, the district magistrate has to pay a compensation of Rs 25,000 for death and Rs 12,500 for grievous injury

Indian Penal Code

Sec 304A: In case of death resulting from rash or drunk driving, this section, pertaining to death due to any negligence, also kicks in. Under this the offence isn’t culpable homicide. Max prison term 2 years + fine

Sec 304: In extreme cases, this section, which pertains to culpable homicide not amounting to murder, can be applied. The punishment is severe – up to 10 years jail