What is the accident death case punishment in india ?
08-Jul-2024 (In Motor Accident Law)
If your car causes a death and a complaint is filed you will be investigated and may be charged under the Bharatiya Nyaya Sanhita (BNS) -ordinarily for causing death by negligence (BNS '106(1): up to 5 years imprisonment and fine) and, if you flee the scene without reporting, under BNS '106(2) (up to 10 years and fine). [BNS '106 text: https://ipclaws.in/bns/section-106-causing-death-by-negligence/]. Where prosecution can prove awareness/knowledge of the lethal risk (for example drunk or deliberately dangerous driving) the charge may be upgraded to culpable homicide not amounting to murder under BNS '105 (heavier, non'bailable penalties). The procedural code (BNSS) makes these offences cognizable and shows 106(1) is bailable but 106(2) and 105 are non'bailable; police can arrest, investigate and file charge'sheets under BNSS rules. [BNSS First Schedule / provisions: https://indiankanoon.org/doc/91117739/]. Evidence and admissibility at trial will follow the Bharatiya Sakshya Adhiniyam (BSA). [BSA commencement/overview: https://indianlegalbooks.com/criminal-law/bsa-section-1-explained/]. Courts have held that drunken or knowingly dangerous driving may amount to culpable homicide (see Alister Anthony Pareira -facts and conviction on dangerous/drunk driving). [Alister Anthony Pareira (Bombay HC) text: https://indiankanoon.org/doc/1899457/].
If the offence is proved and since the accident led to death of the victim, you shall be punished with an imprisonment for 2 years or fine or both. In such cases, it is absolutely necessary for the opposite party to prove that the death or injury was a direct result of the negligent act of the accused. Thus, it is best to take the advice of a well experienced lawyer, who can help you escape severe liability by producing the right kind of evidences and arguments in court.
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