Car Crash and Provisions in Indian Penal Code for Accident

With more motor vehicles in India over the last several years, there has been a steep increase in road accidents. Road injuries and fatalities in a car crash have become a major public issue because it is one of the leading causes of mortality and permanent disability.

This article provides a basic overview of accidents due to car crashes and the Indian Penal Code’s provisions for them. It discusses the inadequacies in the punishing conditions of the parts of the act and, finally, underlines the critical need for change and provides solutions for the same.

Introduction

India has a shady track record when it comes to traffic accidents. India is ranked first, but not in terms of women’s security, Gross Domestic Product (GDP), or even cleanliness or education, but in “road accidents” and even more in car crashes.

The drivers appear to be unconcerned. They consider themselves to be the “monarch of all they examine.” Heavy drinking leads to reckless driving, making other people victims of a car crash. It involves a sense of ‘not being safe’ among the impoverished.

The pedestrians are meant to be unsure, and civilised people are required to worry regularly. Still, they are nevertheless concerned by the arrogant attitude of those who challenge themselves as ‘bigger than life.’

Understanding the Term ‘ACCIDENT’

An accident is an undesirable occurrence that occurs unexpectedly and at once, usually resulting in damage or harm.

In Section 80 of the Indian Penal Code, an accident gets included as a general exemption for the first time. Aside from any purpose of crime, the Section states that nothing constitutes an offence if it gets accomplished via accident or misfortune. It further states that the legitimate act must be conducted lawfully by a lawful capability with reasonable care and attention.

The term “accident” has a broad definition under the Indian Penal Code. An accident gets defined as any act performed carelessly. It also includes road accidents, which is the subject of this article.

Road Accidents

India tops the list of countries with the highest number of road accidents. Accidents on the road are an unavoidable part of life. At least one traffic accident usually gets reported in the daily news. Depending on the severity of the event, the number of victims and damage might be pretty alarming. Road accidents claim many lives and cause significant property damage.

It was certified by ​​“Accidental Death and Suicides in India”, a report about the year 2019 by NCRB (National Crime Records Bureau) that a total of 4,49,002 incidents of road accidents got registered in 2019.

Despite a 3.8 per cent decrease in the number of traffic accidents, there is a 1.3 per cent increase in fatalities. The death and injury caused by a car crash get included in the reported number of accidents, which is 1,51,113 and 4,51,361.

The government amended this to make it more rigorous, yet the issue remains, “Why are the injuries and fatalities due to accidents not decreasing?” Because of the lack of a strong punishment regime, the answer is straightforward.

Nature of Road Accidents – are they Civil or Criminal?

All misdemeanours are often torts. Accidents due to a crash are typically considered civil wrongs. They are private since they infringe on an individual’s right to life, and the victim is entitled to monetary compensation for such injustice. They may also be criminal in character, as such accidents pose a risk to society and get penalised by the state.

In some instances, such as hit-and-run accidents, reckless driving, driving under the influence (DUI), and driving while drunk, the same can be both a tort and a criminal (DWI). Under the Indian Penal Code of 1860, such offences are punishable.

The offence definition changes when an act falls within both categories since the same defences cannot get held. The offender may get ordered to pay damages and compensation to the aggrieved person and get sentenced to prison, fines, or both.

Provisions in the Indian Penal Code for Accidents

As previously noted, the first reference of an accident in the IPC is in the form of a general exception in section 80 of the code, which can lead to an escape from criminal penalty and culpability if proven entirely in court. It does not provide a proper definition for the term. Certain parts of the IPC include provisions for punishing acts of carelessness and reckless driving.

Section 279

Section 279 of IPC mentions rash driving or riding in a public way. It lays that: “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with im­prisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

As previously noted, the first reference of an accident in the IPC is in the form of a general exception in section 80 of the code, which can lead to an escape from criminal penalty and culpability if proven entirely in court. It does not provide a proper definition for the term. Certain parts of the IPC include provisions for punishing acts of carelessness and reckless driving.

This section discusses driving while threatening human life or creating harm. For example, suppose A, a college student, rides his car recklessly, leading to the car crash, and a schoolgirl, B, collides and falls. If B falls and has a knee injury, A is considered to have caused harm and is responsible under Section 279.

In another case, if the same youngster A does not strike anybody but gets caught driving recklessly on the streets, he will only be responsible under Section 279, and the sentence will be the same.

As a result, the same provision for punishment applies whether the harm is inflicted or anticipated to be caused. Furthermore, the offence is bailable, cognisable, and non-compoundable, which means that A can pay the penalty, receive bail, and repeat the actions, and the cycle can continue.

Section 337

Section 337 under THE INDIAN PENAL CODE provides for causing hurt by an act that endangers life or personal security.

The section says, “Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.”

This Section discusses risking human life and the personal safety of others by acting carelessly or recklessly. Because the Section does not define the nature of the conduct, it encompasses a broad scope of the act, and therefore driving on the road can be included.

So, using the same youngster A as an example, assume he is driving recklessly and passes by an elderly guy who is a heart sufferer. Fearful of the abrupt passing of a fast car, the elderly guy has a heart attack and gets claimed to get wounded. Furthermore, because he is a heart patient, A’s actions jeopardised the older man”s life, so A is responsible under Section 337.

The provision is bailable, cognisable, and compoundable with the court”s approval by the person who gets harmed.

Section 338

This Section provides the provision on causing grievous hurt by an act that endangers the life or personal security.

The section says, “Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with 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.”

This Section discusses risking human life and the personal safety of others by acting carelessly or rashly in such a way that great harm gets caused. Again, the nature of the act is not defined, thus driving is permissible.

Suppose a car driver carelessly takes a wrong turn, leading to a car crash and striking a rickshaw puller, and the rickshaw puller has very severe wounds on his body. In that case, the driver is considered to have inflicted grievous harm and is responsible under Section 338.

Using the same scenario, if the rickshaw driver loses his/her vision due to the collision, the truck driver will be held responsible under Section 338 once again.

The Section again gets classified as bailable, cognisable, and compoundable by the person who causes the harm with the court”s permission. It means that if the accused person causes grievous curable or even incurable harm, the same provision for punishment applies.

Section 304A

This Section provides for the provisions for death by negligence. The Section says, “Whoever causes the 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 two years, or with fine, or with both.”

According to the NCRB’s report on accidental deaths, the number of accidental deaths increased by a factor of 1.3. Furthermore, because the act was an “accident,” the wrongdoer does not face as severe a punishment as he should. Again, most accidents are ‘disguised murders.’

Most of the time, the death is proven to be the result of the driver’s negligence, but as we all know, murder in this manner is easy to manipulate. Furthermore, if the death was indeed the result of negligence, the penalty must be much higher. Bailable, cognisable, and non-compoundable are the three classifications of Section 304A of the code.

Damage Assessment

​​According to Diganth Raj Sehgal”s road accident compensation claim iii.

The amount of harm produced should also get considered while determining compensation. There are two kinds of damages included in a car crash:

Pecuniary Damages:

Expenses incurred for medical care, transportation, lost income up to the trial date, and future loss of earnings by the claimant are all examples of pecuniary damages.

Non-pecuniary Harm:

This sort of damage is also known as “generic or special damage.”

It comprises damages for bodily pain, suffering, shocks, future sufferings, and loss of fundamental necessities of existence.

Types of Claims in a Car Crash

There are three categories of compensation claims, and they are as follows:

No-Fault Liability

The Act”s section 140 addresses this liability. In this scenario, the claimant needs not show the other party’s culpability because there is no shared liability. However, this obligation arises if the individual making a claim is permanently handicapped or if he dies. In the event of death, the claimant gets entitled to Rs 50,000/- and Rs 25,000/- in case of permanent disability.

The Act defines permanent disability as:

• persistent reduction of muscular strength in any member or joint
• permanent facial or head deformity
• permanent loss of sight in either eye, ear, or any limb or joint

Hit and Run

The Act”s Section 161 addresses claims arising from Hit and Run incidents. In such circumstances, the accused hits the victim with his car and chooses to flee rather than assist him.

According to Section 161(3), if a person gets harmed, he is entitled to Rs 12,500/-, and if he dies, his legal representatives are entitled to Rs 25,000/-.

Structured Formula Basis

In 1994, the Motor Vehicles Act of 1988 got revised. This change added a new section to the Act, Section 163 A. A claimant is not required to show the driver’s culpability under this clause.

The owner {as defined in Section 2(30) of the Motor Vehicles Act of 1988} or the insurance, must reimburse the claimant. But only after discovering the identity of the accused. It”s essential to meet an additional criterion before the claimant may make a complaint under Section 140 or Section 163 A. If his complaint has already received compensation under Provision 140, he will only get the balance amount under this section.

Analysis of Crash Crashes in India

Today, India ranks first in the world when it comes to traffic deaths and car crashes. Nothing matters when it comes to legislation; the number of accidents continues to rise at an alarming rate. As a result, traffic injuries and fatalities have arisen as a significant public issue because they are one of the leading causes of mortality and permanent disability in our country.

People no longer fear the law, which is why this is happening. It is time for legislators to investigate, scrutinise, assess, and re-examine the sentencing policy under the provisions of the Indian Penal Code dealing with accidents to stop the growing number of deaths and make Indian roads safer for the public.

Road traffic accidents are the eighth biggest cause of mortality in India. As per the 2019 annual accident data, 65 per cent of the 154,732 persons who died in road crashes in 2019 were between the ages of 18 and 45.

Children under the age of 14 cause around 2.6 per cent of all fatalities.

According to the SaveLIFE Foundation’s report analysis, Uttar Pradesh had the greatest number of road collisions deaths among the states, with 23,285 deaths (15 per cent of total deaths in 2019). Maharashtra followed it, which had 14608 fatalities (9.4%), and Madhya Pradesh, which had 11856 deaths (7.7 per cent).

Furthermore, road accidents (67,228 incidents) accounted for 97.3 per cent of total traffic accidents in 53 megacities in 2019.

Chennai accounted for 10.2 per cent of all road accidents reported in 53 megacities (6,871 out of 67,228 incidents), followed by Delhi (8.0 per cent or 5,349 cases).

Another concerning trend that emerged in the Road Accidents in India in the 2019 study was the use of National Highways, which account for 2.03 per cent of the country’s overall road network.

According to the study, National Highways accounted for a disproportionate amount of deaths last year, accounting for 35.7% of all fatalities. However, this is not news since India’s national roads have long been a source of concern, accounting for a disproportionate part of the country’s total number of road accident fatalities.

When it comes to traffic safety on National Highways and car crash cases on highways, we need to do better.

Furthermore, state highways, which account for 3.01 per cent of India’s road length, accounted for 24.8% of road accident deaths, with other roads accounting for the remaining 39%.

If you thought that was terrible enough, consider the following figure, which should frighten everyone: Overspeeding was responsible for 67.3 per cent of total road accident deaths in India last year, followed by driving on the wrong side of the road and drunk driving, which accounted for 6% and 3.5% of accident deaths, respectively.

What’s more alarming is that car crashes, road accidents, fatalities, and individuals killed due to over-speeding, drunk driving, and driving on the wrong side all increased compared to 2018. People also believed the Motor Vehicle Act 2019 was “excessive.” It is neither excessive nor robust enough in its enforcement. At least not yet.

Conclusion

Today, India ranks first in the world regarding traffic deaths due to severe car crash issues. Nothing matters when it comes to legislation; the number of accidents continues to rise at an alarming rate. As a result, traffic injuries and fatalities have arisen as a significant public issue because they are one of the leading causes of mortality and permanent disability in our country. The reason for this is because people no longer fear the law.

We must emphasise that the legislators should analyse, scrutinise, review, and re-examine the sentencing policy under the sections of the Indian Penal Code concerned with accidents.