Punishment in case of a road accident

Dear Sir,

Please guide me what could be the punishment for a driver if he kills someone in a road accident;

1 If it is proved that the deceased is at fault

2 If driver had a nap for a while due to which he lost his control over the car.

If it is assumed that the driver had no intentions to kill the deceased. What could be the minimum and maximum punishment and compensation to be paid by the driver. I am really confused by local lawyers some says that my driver will be in jail for life time and other says that it will not harm driver in any circumstances. Please clear my confusion and if you have any road accident guidelines please share


In case the death is caused by the negligence of the deceased, than it may not be considered as a culpable homicide not amounting to murder, how ever if there is a negligence of the driver he may be punished with the imprisonment of 2years or with fine or with both and there is no chance of Life Imprisonment. 


The case will be tried under section 304A IPC and the maximum punishment for the accidental death is 2 years imprisonment  and with fine.




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