Hit & Run case in India by Remiya Rani

Did you know that as per the latest report of Indian government it is stated that over 1.5 lakhs deaths takes place annually due to motor accidents in India. In a layman’s term hit-and-run accidents can be described as a case where an individual hits another vehicle and flees away from the spot. However it is the civil as well as criminal responsibility of the driver to report a mishap concerning the vehicle as earlier as possible. Hit-and-run cases in India are covered under Motor Vehicles Act, 2019. This act explains the laws which are imposed on the driver or on an individual involved in hit-and-run accidents.

The biggest issue in these kinds of cases is that there is a lack of direct evidence, as there is no hard evidence to put these culprits behind the bars. Due to lack of evidence it becomes difficult for the police to investigate the matter. Sometimes due to the speeding vehicles and rush it also becomes difficult for the eyewitnesses to see how exactly the accident took place due to which they aren’t able to help with the investigation. The police left with no option have to rely on the indirect piece of evidence in such cases. It becomes very hard to identify and punish these culprits as the reason earlier mentioned that there is a lack of evidence and witnesses. However there are many instances when the law has convicted them as well.

The accidents which take place between vehicles and pedestrians cause one death every 1.6 hours on our nation’s roads and highways, according to the data of the Center of Disease Control and Prevention(CDC). There are a number of Civil and Criminal consequences which drivers have to face if he/she is at fault. Let’s have a look at different possibilities. Hit-and-Run case fine
Over 30% of all road accidents in India are hit-and-run cases but sadly out of this only 10% of road accident drivers are booked. This statistics shows how roads have become unsafe for everyone. In order to curb this problem many legislation have been made to punish an individual involved in a hit-and-run accident. As according to Section 161 of the Motor Vehicle Act, it defined a hit-and-run case as “an accident arising out of the use of a motor vehicle the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose.” There are also certain sections under Indian Penal Code, 1860 which are imposed on the victim of hit-and-run incidents.

Section 279– Under this section it is stated that any person who drives vehicles rashly on a public road will be guilty under this section. Persons found guilty under this section have to face imprisonment for 6 months, fine of Rs 1000/- or both can be imposed on a driver. The offence committed under this section is bailable and is cognizable by the district magistrate.
Section 304A– Under this section it is stated that if a driver is not intoxicated but leads to the death of a person in the accident then he/she will be liable under this section. The driver may face imprisonment of year which may extend upto 2 years with a fine of more than Rs 1000/- or both. The offence committed under this section is a non-bailable offence.
Section 302– Under extreme conditions police may book a rider under this section. This section deal with the offence of murder. Driver booked under this section might face imprisonment for life or death penalty.
Incase of the accident by the minor then the act imposes the 3 years of the jail to the parents along with heavy fines. hit-and-run incident took place a little after 5 am on Wednesday. Though bystanders rushed Judge Anand to a medical college, doctors declared him dead on arrival.

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