The Indian Penal Code 1860 (“IPC”) is the principal penal law that punishes a motor vehicle driver who causes death by rash and negligent driving vide Section 279 IPC read with Section 304A IPC.
The criminality of the act means hazarding a dangerous act with the knowledge that it is dangerous and the further knowledge that it may cause injury or death, but done without any intention to cause the injury or death or knowledge that the act would probably cause the same.
However, this offence is bailable and the punishment relatively less severe for the consequences of the act i.e. possible imprisonment which may extend to 2 years, or with fine, or with both.
Further, the law requires the prosecution to prove beyond reasonable doubt the following against the driver:
(1) death of a human being;
(2) driver caused the death; and
(3) death caused by the doing of a rash or negligent act (not amounting to culpable homicide).
Bharatiya Nyaya Sanhita 2023 (“BNS”) – New Law
The Indian Parliament has recently enacted the Bharatiya Nyaya Sanhita 2023 (“BNS”), which will come into effect late 2024 and replace the IPC. Unfortunately for motor vehicle drivers, the BNS significantly increases the penal consequences of rash and negligent driving vide Section 106 of BNS:
“106. (1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; …
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine.”
Imprisonment is now a mandatory punishment (of up to 5 years) and not a possible alternative to fine, which is without a prescribed maximum quantum.
Increased punishment for “escaping” (Hit and Run)
Where the driver is found to have escaped (“Hit and Run”) from the scene of the accident without reporting it to a police officer or a Magistrate soon after the incident, the punishment of imprisonment doubles i.e. may extend to 10 years, and in doing so, the BNS makes no allowance for the practical realities facing the driver when involved in such circumstances. To compound the legal risk further for the driver, this offence has also been classified as non-bailable vide First Schedule to the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) which is expected to similarly replace the Code of Criminal Procedure 1973 later in 2024.
Legal Information by Legalrisk – law, risk and AI
Got questions? Feel free to submit your doubts in the comments section.
