Law For Accident Case In India – As the use of automobiles in India has increased over the past few years, road accidents have increased significantly. Traffic accidents and road deaths have become a major public concern because they are the leading cause of death and permanent disability.
This article provides a basic overview of the dangers due to road traffic collisions and the provisions of the Indian Penal Code (IPC) and discusses the inadequacies in the penal provisions of the parties to the act and finally underlines the important need for change. and offers solutions.
Law For Accident Case In India
India has a bad history when it comes to road accidents. India has the dubious distinction of ranking first in the number of “traffic accidents” and even more so in car accidents.
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Drivers in a hurry don’t seem to care. They see themselves as “the master of all they test”. Binge drinking leads to reckless driving and endangers others. It instills a sense of “insecurity” among the poor.
Due to careless driving, pedestrians are uncertain, and civilized people crossing the road or simply walking are always worried. In addition, the arrogant attitude of drivers who consider themselves above the law is very worrying.
An accident is an undesirable event that occurs unexpectedly and at the same time, usually resulting in injury or damage.
Under section 80 of the IPC, accident is a general exemption for the first time. Apart from any criminal intent, the Section says that nothing is a crime if it occurs by accident or misfortune. It also states that a lawful act must be lawfully done with lawful skill with reasonable care and attention.
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The word “hazard” has a broad meaning under the CPI. An accident is defined as any careless act and includes traffic accidents, which is the subject of this article.
India tops the list of countries with the most road accidents. Traffic accidents are an inevitable part of life. At least one traffic accident is reported every day. Depending on the severity of the event, the number of victims and damage can be staggering. Traffic accidents claim many lives and cause significant property damage.
“Accidental Deaths and Suicides in India”, a 2019 report by the NCRB (National Crime Records Bureau), revealed that there were 4,49,002 road accident incidents reported in 2019.
Although the number of traffic accidents decreased by 3.8%, the number of fatalities increased by 1.3%. Deaths and injuries caused by motor vehicle crashes were included in the number of reported accidents, which were 1,51,113 and 4,51,361, respectively.
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The government has amended the law to make it stricter. However, the problem persists. Accidental injuries and deaths are not reduced due to the lack of a strong penal system.
All offenses are usually aggravated. Accidental accidents are generally considered public wrongs. They violate a person’s right to life, and the victim is entitled to financial compensation for this injustice. They can also have morals. For example, accidents are dangerous to society and are punished by the government.
In some cases, such as hit-and-run accidents, reckless driving, driving under the influence (DUI), and driving under the influence, the same can be both a felony and a misdemeanor (DWI). These offenses are punishable under IPC 1860.
The definition of infringement changes if the action falls under both categories, as the same defense cannot be made. The offender may be ordered to pay damages and compensation to the victim and be sentenced to prison, fines, or both.
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As noted, the first reference to dangerousness in the IPC is in the form of a general exception to section 80 of the code, which can lead to evasion of criminal punishment and guilt if fully proven in court . It does not give a proper definition of this word. Certain sections of the IPC include provisions to punish reckless acts and reckless driving.
“Whoever drives a vehicle or travels on any public road in a reckless or imprudent manner that endangers human life, or is likely to injure or injure another person, shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine which may extend to one thousand rupees, or both.’
As noted earlier, the first indicia of danger in the IPC is in the form of a general exception to section 80 of the code, which can lead to evasion of criminal punishment and guilt if fully proved to the courts It does not provide a definition for this word. Certain sections of the IPC include provisions to punish reckless acts and reckless driving.
In another case, if this young man A does not hit anyone but is caught driving recklessly on the road, he will only be charged under section 279, and the sentence will be the same.
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Accordingly, the same penalty provision applies regardless of whether the damage is caused or expected to occur. Furthermore, the offense is imputable, cognizable and irrevocable, which means that A can pay the fine, get bail and repeat the actions, and the cycle can continue.
Section 337 of the IPC provides for causing damage for an act that endangers the life or safety of a person.
“Whoever injures a person recklessly or imprudently endangering the life or safety of others, shall be punished with imprisonment of any kind for a term which may not exceed six months, or with a fine which may continue. ” exceeding five hundred rupees, or both.’
This section deals with endangering one’s own life and the safety of others by acting recklessly or negligently. As the Section does not define a type of conduct, it covers the scope of the Act, which may include driving on the highway.
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Using young A as an example, imagine that you are driving recklessly and pass an elderly man having a heart attack. Due to the speeding passage of a car, the old man has a heart attack. Here, A’s actions endangered the old man’s life, so A is liable under section 337.
This section provides a criterion for causing serious harm by an act that endangers the life or safety of a person.
“Whoever causes grievous hurt to any person by doing any imprudent or imprudent act endangering human life or personal safety, shall be punished with imprisonment of any kind for a term not exceeding two years, or with a fine not exceeding two years. may exceed one thousand rupees, or both.’
This section deals with endangering a person’s life and personal safety by acting recklessly or recklessly in a way that causes serious harm. The nature of the action is not defined, so driving is allowed.
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Suppose an auto driver carelessly makes a wrong turn, which causes the car to crash and collide with the rickshaw puller, and the rickshaw puller has serious body injuries. In this case, the driver has caused serious damage and is liable under Article 338.
Using the same scenario, if the rickshaw driver loses his vision due to the collision, the truck driver will be charged under Section 338.
This category is classified as eligible, demonstrable and compensable by the guilty party. It means that if the defendant causes serious or irreparable damage, the same penalty provision applies.
“Whoever causes the death of any person by any reckless or negligent act amounting to involuntary manslaughter, shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both”.
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According to the NCRB report on accidental deaths, the number of accidental deaths has increased by 1.3 percent. Also, because the act was “dangerous”, the perpetrator is not punished as severely as it should be. Most accidents are “murders in disguise”.
Most of the time, the death has been shown to be the result of the driver’s negligence, but this type of homicide is open to abuse. Also, if the death was really a result of negligence, the punishment should be much higher. Offenses under Section 304A are misdemeanors, cognizable and non-criminal.
The severity of the injury must be taken into account when determining compensation. In a car accident, there are two types of injuries:
Expenses for health care, transportation, lost earnings until the date of trial, and the plaintiff’s future loss of earnings are examples of monetary damages.
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Article 140 of the law deals with this responsibility. In this case, the plaintiff does not have to prove the fault of the other party because there is no shared responsibility. However, this obligation arises if the applicant becomes permanently disabled or dies. In case of death, the claimant is entitled to Rs 50,000. In case of permanent disability, Rs.25,000.
Article 161 of the Law deals with claims arising from accidents. In these cases, the accused hits the victim with his car and chooses
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