Community › Forums › Legal Advice India › Legal Question: Why are occupants of a drunk driving car charged by Cops?
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UUser_607f50db
PARTICIPANT
March 14, 2025 at 10:33 amI ask this question after reading about the very sad incident where a drunk driver in Baroda got into an accident where a lady died and many others were injured.
While the driver was rightly charged by Cops, as per news articles they are now looking for the occupant too, and want to charge him as well.
My question here is, why is that, and under what sections? How is an occupant liable for the actions of the driver?
I mean morally, the occupant should prevent a drunk person from driving, but as per Indian law, is that a legal requirement too?
What if the occupant is a minor (16-17 year), will the logic still apply?[Video](https://www.instagram.com/reel/DHLLg2lpOGq/?igsh=ZzJpODhscHl6d2Yz)
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AAlphastar8884
PARTICIPANT
March 14, 2025 at 10:42 amNAL so I donβt know about the specifics of the law but in the specific Vadodara case, the following reasoning seems valid
1. The car belonged to the occupant, so he was technically responsible for putting the other person behind the wheel because it was in his power to refuse.
2. He was a witness (at the least) and could also be co accused if they were consuming the alcohol/drugs together and decided to drive after that.Also if the alcohol consumption was taking place in the car, then all occupants are at fault IIRC.
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UUser_607f50db
OP
March 14, 2025 at 10:44 amFai enough. Sounds logical.
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UUrbanjayant3854
PARTICIPANT
March 14, 2025 at 10:56 amFor abetting the crime. They could have prevented the driver from driving -
KKamleshdude126
PARTICIPANT
March 14, 2025 at 11:19 amAiding after the fact, before the fact i think
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