causing death should be tried for
culpable homicide: House panel
February 09, 2017
causing death should be tried for culpable homicide not
amounting to murder and an accident caused by drink driving
should be treated as a planned crime and not an act of
“negligence”, as is the practice, a parliamentary panel has
Currently, in most such cases where drink driving results in
death, the accused is booked under 304 A of the Indian Penal
Code (IPC) (causing death due to negligence), punishable with
two year jail or fine or both.
The Standing Committee on Transport, Tourism and Culture, which
reviewed the Motor Vehicles (Amendment) Bill, 2016 tabled its
report in the Parliament on Wednesday, paving the way for the
early passage of the crucial bill.
Indian roads continue to be one of the deadliest in the world.
Of the 1.46 lakh people who lost their lives in road accident in
2015, 4.6% (6755) was caused by drunk drivers.
THE MOTOR VEHICLES (AMENDMENT) BILL, 2016
penalties of up to Rs 10,000 for traffic violation such as
jumping red light, talking on mobile phone, drunken
parents of juvenile drivers.
aggregators brought under the motor vehicle law.
vehicle recall policy.
license to be valid for 20 years from the date of issue or
until you complete 55 years, whichever is earlier. After
that it will be renewed every five years.
registration of vehicles at automobile dealer’s instead of
of learner’s license to be made mandatory.
penalty for over speeding, drunk driving, underage
driving, talking on mobile phone, overloading.
The panel supported almost all the other amendments to the MV
bill, proposed by the union road transport and highways
ministry. These include a steep hike in penalty for various
traffic offences and a host of stringent provision such as
penalizing owner/guardian of minor who are caught driving and
causing fatal accident. Such parents will have to shell out Rs
25,000 fine and face a jail term of three years for allowing
their ward to drive. The registration of their vehicles will
also be cancelled.
Cracking the whip on drunk drivers, the committee has
recommended that the government may amend the necessary
legislations to “include the deaths due to drunken driving as
culpable homicide not amounting to murder” which comes under
Section 304 of the IPC. Offences under Section 304 are non-bailable
and punishable with 10-year jail term or life imprisonment.
However, it is the road transport ministry that will take a
final call on whether these recommendations will be
incorporated. The bill was referred to the panel last August.
The panel also said that accident committed by drunk drivers
should not be “construed as an act of negligence” but treated as
a “premeditated commitment of a crime” and the drunk driver
should be made punishable under relevant provisions of IPC
depending on the consequences of the accident.
The 32-member committee, headed by Trinamool Congress leader
Mukul Roy backed the road ministry’s proposal to bring taxi
aggregators such as Uber under the ambit of motor vehicle law.
However, it has recommended that the power to frame guidelines
to control the operations of aggregators should vest with the
state and not the central government.
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