Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ms. Bobby Anand (Advocate)     11 June 2008

Send drunk & rash drivers to 10 years in jail: Law panel

Finally, there is a serious effort to discipline our traffic. The Law Commission has prepared a report on traffic discipline that sets down stringent penalties and exacting norms to straighten out India's notoriously indisciplined roads.

The Commission report has recommended a crackdown on drunken, rash and negligent driving by proposing that the maximum jail term for death caused by drunk or rash driving should be enhanced from two to 10 years. If the proposal is accepted, drunken or careless driving may become as much of a no-no in India as it is in the West.

While this is possibly the most dramatic recommendation made by the Commission, headed by Justice A R Lakshmanan, there are a number of others that aim to make public transport more secure, heighten surveillance on roads, discourage distractions to drivers like cellphones or giant hoardings, and, generally speaking, minimise risks to public safety.

Among the other recommendations are positioning cameras on all major intersections and arterial roads in cities, doing away with speed breakers and hoardings on highways, intensive patrolling to deter drunken driving and use of mobiles while driving, and mandatory speed governors in city buses.

By pitching for a zero tolerance regime against rash, negligent or drunk driving, the Commission has effectively sought to transform the nature of the offences — from a minor infringement to a serious crime and a huge risk to public safety.

At present, in a majority of rash or drunken driving cases, the offender is booked by the police under Section 304A of the Indian Penal Code. The provision says: "Whoever causes the death of any person by doing a rash or negligent act not amounting to culpable homicide (murder), shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or both."


 2 Replies


Ms. Bobby will this happen?

You know Salman is there?, Punjab CM's nepphew is there?, Is there a chance for brigning such thing in India.  No hopes.

Ashok Yadav (Lawyer)     13 June 2008

the law making power is in the hands of the our politicians, and they don not have time to make any strict law for the same.

they have time for shouting and fighting only, they can present a bill to increase their pay and perks but do not have time for the public problems.

we can see a illustration

I.P.C. was framed in 1860 and at that time only British persons or Indian kings had Motor Cars, they frame a sec 304-A  I.P.C for accidental death, in that case, the offence is bailable and in 99% cases no punishment.

i want to say that they made that law for their benefit only, they didnt have any concern with general public.

and that sec. is applicable till now in I.P.C. after about 150 years.

and our leaders have not time to change that act, than how u can expect for such type of law.


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