In simple terms, hit and run means where an individual hits another vehicle while driving and flees away from the spot.
Section 161 of the Motor Vehicles Act defines hit-and-run as “an accident arising out of the use of a motor vehicle(s) the identity of which cannot be ascertained despite reasonable efforts for the purpose.”
A driver’s responsibility is to report a road mishap involving their vehicle. If failed, the victims are subject to IPC sections 279,304A and 338.
· Driving recklessly on public roads, as outlined in Section 279, can result in imprisonment for six months, a Rs 1000 fine, or both. This offence is bailable and falls under the jurisdiction of the district magistrate.
· If a non-alcohol-affected driver causes a fatal accident, it falls under section 304A, with potential imprisonment up to two years, a fine exceeding Rs 1000, or both. Section 304A is a non-bailable offence, and a lifetime imprisonment conviction is possible.
· In severe instances, a hit-and-run case may be reported under Section 302, relating to murder. A driver charged under Section 302 may face a death sentence or life imprisonment.
· For minors involved in such cases, the law imposes three years of imprisonment on the parents, accompanied by substantial fines.
For a person who has experienced an accident, maintaining composure, gathering extensive details about the vehicle and driver, and promptly calling for emergency help are vital. If you find yourself responsible for an accident, it’s crucial to acknowledge that fleeing the scene is a criminal offence. Instead, remain at the site, share information with the other party, seek assistance for any injuries, and await the arrival of authorities. Always bear in mind that the consequences of a hit-and-run incident can be significantly shaped by swift and appropriate actions.
In conclusion, hit and run incidents are serious offences that can have severe consequences. Hit and run laws vary by jurisdiction, but in general, they are designed to ensure that individuals involved in accidents remain at scene, exchange information and provide assistance if necessary. These laws aim to protect the rights and safety of all parties involved.
Done By: Reshma A, 5th year B.Com., LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
