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NEW DELHI: Sunday's high-speed crash that left an auto driver dead has again put into focus the law's casual approach towards wilful traffic offenders. A driver who kills while speeding, or under the influence of alcohol, has little to fear. Bail is easily granted in such cases and even the licence is not suspended. The accused in Sunday's crash, who is charged with both speeding and being under the influence, got bail in the evening. While 2,960 people were given jail terms in the city for drunk driving last year, experts say not even 1% of drunk drivers involved in accidents get to spend a night in jail. Data from Indian Foundation of Transport Research and Training - an independent research body - shows India has one of the highest accident rates but minimal conviction. Court delays make it easy for witnesses to disappear, or turn hostile. The accused easily get away when charged (in the absence of a suitable law) with 'culpable homicide not amounting to murder' (Section 304-II of IPC) as proving this charge is almost impossible. The prosecution has to prove that the driver had the intention to kill. Twelve lives were lost in nine such major accidents in the last two years. Most of these accidents happened in the south district police area, at places like RK Puram, Safdarjung Airport flyover, Andrews Ganj and Vasant Kunj. "In all these cases, the accused were arrested 15 hours later, leaving no scope for a blood test to determine drunkenness," said a senior retired Delhi Police officer, who headed the traffic police for years. In each case, the area police had excuses for the delay, ranging from time needed to identify vehicle owners, to establishing the identity of the actual driver. It is another matter that cops were present at the spot when almost all the occupants of a Volkswagen car that rammed into a truck at Andrews Ganj "walked away". |
| SOURCE: The Times of India |
