Punishment for Drunk Driving and Killing Someone in India | Criminal Law for Judiciary Exams PDF Download

Introduction

• Driving under the influence, commonly known as drunk driving, involves operating a motor vehicle while impaired by alcohol or drugs. This occurs when an individual's capability to drive safely is compromised due to the consumption of alcohol exceeding the legal limit or the use of illicit substances.
• In India, driving under the influence poses substantial dangers to drivers, passengers, and fellow road users, as it hampers judgment, coordination, and reaction time. It constitutes a grave violation that can result in accidents, injuries, and even fatalities. Stringent global laws and penalties are implemented to discourage and punish individuals involved in this perilous behavior.

What about Drunk Driving Offence Laws in India?

• Drunk driving, also known as driving under the influence (DUI), refers to the act of operating a motor vehicle while impaired by alcohol or drugs beyond the legal limit. This reckless behavior poses serious risks to the driver, passengers, and other road users.
• In India, laws regarding drunk driving are stringent to ensure road safety. The legal drinking age varies across states, typically between 18 to 25 years. States like Gujarat, Bihar, Manipur, Nagaland, and Lakshadweep have imposed a complete ban on alcohol consumption.
• Driving under the influence in India is defined as having a blood alcohol concentration exceeding 30 mg per 100 ml of blood, detectable through a breathalyzer test. This law also applies to individuals impaired by drugs, affecting their ability to control a vehicle safely.
• Under Section 185 of the Motor Vehicles Act, 1988, driving under the influence is considered a criminal offense in India. Penalties for DUI were increased in 2019, with a first-time offender facing a fine of Rs. 10,000 and/or imprisonment for up to 6 months. Subsequent offenses within three years carry a higher penalty of Rs. 15,000 or imprisonment for up to 2 years.

Understanding Punishment for Drunk Driving and Causing Death in India

• Legal Charges in Case of Drunk Driving Fatality

  • Three potential charges under Indian law include IPC 304 A, 279, and Section 185 of the Motor Vehicle Act.
  • If a person is suspected of driving under the influence, a breathalyser test must be conducted as per sections 203 and 204 of the Motor Vehicle Act.

• Consequences of Drunk Driving Resulting in Death

  • IPC section 304A deals with causing death by negligence due to drunk driving, carrying a maximum penalty of up to two years of imprisonment and a fine.
  • Additionally, IPC section 279 addresses rash driving, punishable by up to six months of imprisonment, a Rs 10,000 fine, or both.

• Medical Examination and Blood Alcohol Content

  • Following an accident, a medical examination must be conducted within 12 hours to determine intoxication.
  • If a person refuses to provide blood samples, the police can arrest them and obtain the sample.
  • A blood alcohol content of 30 mg in 100 ml of blood can lead to penalties such as six months of imprisonment or a Rs 10,000 fine.

• Recent Legal Amendments and Penalties

  • The Motor Vehicle Amendments Bill 2019, passed by Parliament, proposes increased penalties for traffic violations.
  • The existing motor vehicle law, in effect for three decades, is set for significant revisions.

Exceptions to Criminal Liability in Cases of Intoxication

• Indian Penal Code's Chapter IV covers general exceptions, which include intoxication, providing situations where a person may not be held criminally responsible.
• In instances of intoxication, the accused must prove why they should be excused from criminal liability. This differs from the usual burden of proof on the prosecution.
• Normally, the prosecution must demonstrate the accused's guilt for a conviction. However, in cases of intoxication, it is the accused who must justify their exemption.
• The underlying principle is that an individual should not be deemed guilty of an offense unless their guilt is established beyond reasonable doubt.
• Sections 85 and 86 of the IPC specifically address the general exception of intoxication.

Conclusion

In India, causing a fatality due to drunk driving carries significant legal repercussions, such as imprisonment and fines. Section 304A of the Indian Penal Code addresses this offense, imposing a maximum penalty of two years in prison and a fine for causing death by negligence. Therefore, if a person's drunk driving results in someone's death, they may face charges under Section 304A, with a potential punishment of up to two years of imprisonment for culpable homicide not amounting to murder, in addition to a fine.