Law panel for 10 years’ imprisonment for death caused by rash driving

Sunday , Aug 23, 2009
Source: http://thehindu.com

Expressing serious concern over the increasing number of deaths caused by road accidents due to rash and negligent driving, the Law Commission has recommended 10 years' rigorous imprisonment for such offences, up from a two-year term provided in the Indian Penal Code.

The Commission, headed by Justice A.R. Lakshmanan, in its 234th report submitted to the government on Saturday, also recommended that causing death by driving under the influence of alcohol or drugs should be punished with a minimum prison term of two years.

In its report on 'Legal reforms to combat road accidents,' the Commission said: "India has one of the largest road networks in the world, of 3.314 million kilometres, consisting of national highways, expressways, State highways, major district roads, other district roads and village roads. More than 1,00,000 Indians are dying every year in road accidents. More than a million are injured or maimed."

Driving recklessly/dangerously, non-observance of traffic rules, driving without driving licence, driving by untrained/disqualified drivers/minors, driving under the influence of liquor, driving while talking on mobile phone, driving without helmet, ill-health of vehicles and bad road infrastructure are among the causes of accidents, accroding to the report.

The Commission, which took up the issue suo motu in its recommendations, said Section 304 A IPC should be suitably amended to provide for 10 years imprisonment and causing death of any person under the influence of liquor should be punishable with a minimum of sentence of two years and any second or subsequent offence punishable for one year.

For rash driving or riding on a public way in a manner as to endanger human life, the Commission suggested amending Section 279 IPC by introducing Section 279 A and providing for five years' imprisonment, as against six months at present. Similar under Section 338 IPC for causing grievous hurt by act endangering life or personal safety of others, the Commission suggested five-year imprisonment as against two years at present and for reckless driving under Section 184 IPC, the Commission has recommended a punishment of five years.
"Install CCTV cameras"

The Commission asked the Centre to enact a comprehensive legislation on road traffic law to regulate all kinds of traffic. "As an important part of the enforcement measures, there should be compulsorily installed CCTV cameras at all vulnerable points, to be determined by an expert committee to curb traffic violations."

Further all motor vehicles should be fitted with irremovable or tamperproof speed governors to regulate speed, the report said.