Pune Car Accident and Law

I am not a criminal lawyer. But just being a lawyer I was bombarded with questions from family and friends regarding the law on car accidents in light of the horrific incident of alleged druken driving that killed 2 unsuspecting young persons riding a two wheeler

Here is a short explanatory note on the law

As per newspaper reports the sections of law applied by the police against the accused and his father are as below.?

·????? Section 304A IPC - punishment for culpable homicide not amounting to murder.? Punishment under this section is imprisonment of either description for a term which may extend to two years, or with fine or both

·????? Section 279 IPC - ?rash driving or riding on a public way.? Punishment under this section is imprisonment of either description for a term which may extend to six months, or with fine which may extend to one?

·????? Section 337 IPC- ?causing hurt by act endangering life or personal safety of others - Punishment under this section is imprisonment of either description for a term which may extend to six months, or with fine which may extend to Rs 600 or with both

·????? Section 338 IPC - causing grievous hurt by act endangering life or personal safety of others. Punishment under this section is imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees or with both

·????? Section 427 IPC - mischief causing damage.? Punishment under this section is imprisonment of either description for a term which may extend to two years, or with fine or both )

·????? Section 184 MV Act? - driving dangerously. Punishment under this section is imprisonment of either description for a term which may extend to one month , or with fine which may extend to five hundred rupees or both

·????? Section 185 MV Act - driving under the influence of alcohol. Punishment under this section is a fine of ten thousand rupees or imprisonment of up to 6 months or both

All offences under the Motor Vehicles Act are bailable

All offences having a punishment of less that 3 years imprisonment are bailable

Section 304(II) IPC was not applied.

Section 304 (II) of IPC is culpable homicide not amounting to murder and is attracted when there is knowledge that death may be caused by your act. The imprisonment is upto 10 years or fine. (non-bailable).

Section 304 (A) is attracted when there is death only by negligence. Commonly Section 304 (A)is invoked in car accidents resulting in death.

?Legal proceedings against the father of the accused

·????? Section 75 of Juvenile Justice Act – Punishment for cruelty to child - wilful neglect of a child, or exposing a child to mental or physical illness. Punishment under this section imprisonment for up to five years and fine of up to five lakh rupees

·????? Section 77 of Juvenile Justice Act – penalty for supplying intoxicating liquor or narcotic or psychotropic drugs to a child. Punishment under this section imprisonment for up to seven years and fine of up to one lakh rupees

Reasons for trying the accused as an adult.???

The Juvenile Justice (Care & Protection of Children ), Act 2000 was amended in 2015 to address the issues of child offenders in the age group on 16-18 in view of the increase in the number of heinous crimes in certain categories committed ?by children in this age group

As per section 15 of the The Juvenile Justice (Care & Protection of Children), Act 2015,? if a child allegedly commits a heinous crime, the juvenile justice board is required to conduct a preliminary assessment regarding his mental and physical capacity to commit such offences, ability to understand consequences of the offences and the circumstances in which he allegedly committed the crime.

The Board may thereafter pass an order under section 18(3) of the said Act and if there is a need for trial of a child as an adult, then transfer the case to a children’s court having jurisdiction

The Children’s Court may be an existing Sessions Court that deals with child-specific laws, or a special court set up to deal with crimes under the Juvenile Justice Act.

The Children’s Court can generally pass the maximum sentence for a Heinous Offence (a sentence of more than 3 years) however it cannot sentence the child to the death penalty or life imprisonment without the possibility of release.