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Hit-and-Run Cases in India: Legal Penalties, Landmark Judgments & Latest NCRB Statistics



Introduction

A hit-and-run occurs when a driver involved in an accident leaves the scene without assisting the victim or reporting the incident to the authorities. This is a serious offense under Indian law, and it carries strict legal consequences. Many people are unaware of what they should do in such situations, whether as drivers, victims, or witnesses.

In this blog, we will discuss the legal implications of hit-and-run cases, the penalties involved, and the correct steps to take if you find yourself in such a scenario.


What Does the Law Say About Hit-and-Run Cases?

Hit-and-run cases are governed by the Indian Penal Code (IPC) and the Motor Vehicles Act, 1988. Below are the key legal provisions:


1. Indian Penal Code (IPC)

  • Section 279 (Rash and Negligent Driving): Punishable with up to 6 months imprisonment and/or a fine of ₹1,000.

  • Section 304A (Causing Death by Negligence): If a person dies due to reckless driving, the penalty includes up to 2 years of imprisonment and/or a fine.

  • Section 338 (Causing Grievous Hurt by Endangering Life): In serious injury cases, the punishment can be up to 2 years imprisonment and/or a fine.

2. Motor Vehicles Act, 1988

  • Section 134 (Duty of Driver in Case of Accident): The driver must stop, assist the injured, and report the accident to the nearest police station.

  • Section 187 (Punishment for Hit and Run Cases):

    • If an accident results in injury: Up to 6 months imprisonment and/or a fine of ₹5,000.

    • If an accident results in death: Up to 10 years of imprisonment and a fine of ₹2 lakh (as per 2022 amendments).


What Should You Do If Involved in a Hit-and-Run Case?

If You Are the Driver:

🚗 Stay at the Scene: Leaving the accident spot will worsen legal consequences. Instead, follow these steps:

  1. Stop the Vehicle Immediately – Pull over safely and assess the situation.

  2. Check for Injuries – If anyone is hurt, provide first aid and call emergency services (Dial 112 for police, 102 for an ambulance).

  3. Inform the Police – Report the accident at the nearest police station.

  4. Assist the Victim – Take them to the hospital if needed. The law protects those who help accident victims (Good Samaritan Law).

  5. Contact a Lawyer – If you are unsure about your rights and liabilities, seek legal advice immediately.


If You Are a Victim or a Witness:

👀 If you witness a hit-and-run accident or are a victim yourself, follow these steps:

  1. Try to Note Down Details – Capture details like the vehicle number, color, model, and any visible marks.

  2. Call the Police Immediately – Dial 112 and report the incident.

  3. Seek Medical Help – If injured, prioritize getting medical attention and keep all medical records for evidence.

  4. Look for CCTV Footage – Nearby security cameras may have recorded the accident.

  5. File an FIR – Provide police with all evidence, including eyewitness statements and medical reports.

  6. Claim Compensation – You may be eligible for compensation through the Solatium Scheme or the Motor Accident Claims Tribunal (MACT).


Legal Consequences of Fleeing from an Accident Scene

📌 The severity of punishment depends on the impact of the accident:

  • If the accident only causes property damage, Fines and possible license suspension.

  • If injuries are caused, up to 2 years imprisonment and a fine.

  • If death occurs, up to 10 years imprisonment and a fine up to ₹2 lakh.


Rights of a Hit-and-Run Victim

  1. Right to Compensation – Victims (or their families) can seek compensation from the accused driver or the government.

  2. Right to Medical Treatment – Hospitals must provide emergency medical care before any police formalities.

  3. Right to File a Case – Victims can file a criminal case and claim damages for medical expenses, lost wages, and pain & suffering.


 Landmark Judgments on Hit-and-Run Cases

1. Alistair Pereira v. State of Maharashtra (2007)

🔹 Case Summary:

  • Alistair Pereira, a businessman, ran over seven people, killing them, while driving under the influence of alcohol in Mumbai.
  • He was initially sentenced to six months imprisonment and fined ₹5 lakh, which was later increased to three years of imprisonment under Section 304 Part II IPC (Culpable Homicide Not Amounting to Murder) by the Bombay High Court.
  • The Supreme Court upheld the conviction and stated that reckless and negligent driving must be dealt with through strict punishment.

🔹 Impact of the Judgment:

  • This case highlighted the inadequate penalties for rash and negligent driving.
  • It emphasized that drunken driving cases must be taken seriously to ensure road safety.

2. Salman Khan Hit-and-Run Case (2002)

🔹 Case Summary:

  • Bollywood actor Salman Khan was accused of running over five people sleeping on a pavement in Mumbai, resulting in one death and four injuries.
  • He was charged under Section 304 Part II IPC (Culpable Homicide Not Amounting to Murder) and Section 279 IPC (Rash Driving).
  • The Bombay High Court acquitted him in 2015, citing lack of evidence, while the Supreme Court later reopened the case for review.

🔹 Impact of the Judgment:

  • This case sparked a national debate on celebrity privilege in legal cases.
  • It highlighted the importance of strong evidence collection in hit-and-run cases.
  • The case reinforced the need for strict punishment for reckless driving and the duty of a driver to report and assist victims.

Recent Statistics on Hit-and-Run Cases in India



National Overview

  • According to the National Crime Records Bureau (NCRB), India recorded a significant number of hit-and-run cases in recent years. For instance, the "Accidental Deaths and Suicides in India - 2022" report provides detailed statistics on such incidents.

    Sources- data.opencity.in

  • The Ministry of Road Transport and Highways (MoRTH) also publishes annual reports on road accidents, offering insights into the prevalence of hit-and-run cases. The "Road Accidents in India - 2022" report is a valuable resource for understanding these trends.

    Sources- morth. nic. in

State and City Insights

  • Uttar Pradesh: The state reported 16,343 hit-and-run cases in 2022, translating to 7 cases per lakh population, making it the second-highest in the country.

    Sources- timesofindia.indiatimes.com

  • Lucknow: The city recorded 355 hit-and-run cases in 2022, equating to 12.2 cases per lakh population, the highest among 19 metropolitan cities with populations over 20 lakh.

    Sources- timesofindia.indiatimes.com

  • Madhya Pradesh: This state topped the list with 9.9 hit-and-run cases per lakh population, totaling 8,477 cases in 2022.

    Sources-timesofindia.indiatimes.com

Underreporting Concerns

  • Studies suggest that the actual number of road accident fatalities, including hit-and-run cases, may be higher than reported. The Sample Registration System (SRS), conducted by the Office of the Registrar General of India, estimated approximately 330,100 road accident deaths in 2019, more than double the figures reported by MoRTH and NCRB.
    dataforindia.com

Conclusion

Hit-and-run cases are taken seriously under Indian law. Whether you are a driver, victim, or witness, understanding your legal rights and responsibilities can help prevent unnecessary legal complications and ensure justice is served. If you are ever involved in an accident, the best course of action is to stay, assist, and report the incident to authorities.



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