Road Accident Laws in India​

Accidents which are caused by the rashness or negligence of the driver give rise to criminal liability. Section 304A of the IPC covers such liability which is punishable for 2 years or fine or both. It is absolutely necessary that death or injury should be a direct result of the negligent act of the accused. 

If there is a third party intervention then the prosecution case would weaken. The remote or indirect connection will not give rise to any criminal liability. For example, if a driver while talking on the cell phone hits a pedestrian, he is directly responsible for such an accident. On the other hand, when a driver collides with a building and the window sill falls on a pedestrian walking by, then such driver will not be liable under this section.

A person who is driving or riding holds the ultimate duty to control his vehicle. Such a person is prima facie guilty of negligence if his vehicle dashes into something or someone unless he has reason to explain that he did everything in his power to keep the vehicle under control but the accident was inevitable.

Leave a Comment

Your email address will not be published.

Disclaimer

As per the rules of the Bar Council of India, Advocates are not permitted to solicit work and advertise. In compliance with the said rules, only limited contact information has been provided on this website.

By entering this website, the visitor acknowledges that:

(a) There has been no advertisement, personal communication, solicitation, an invitation or inducement of any sort whatsoever from any person to solicit any work through this website.
(b) The visitor intends to gain more information for his / her / their own information and use.
(c) The information provided to the visitor is only on his / her / their specific request and any information obtained or materials downloaded from this website is completely at the visitor’s volition.
(d) Transmission or access to this website does not create any lawyer-client relationship.
(e) The website is not intended to be a source of advertising or solicitation and the contents thereof should not be construed as legal advice, in any manner, whatsoever.
(f) The visitor is solely liable or responsible for any consequence of any action taken by the visitor relying on the information provided on this website. In cases where the visitor has any legal matters or requires legal assistance, the visitor must, in all cases, seek independent legal advice, and not rely on the contents of this website. This website uses cookies to enhance the user experience. By continuing to visit this website you also agree to the use of cookies.