Legal Question: Why are occupants of a drunk driving car charged by Cops?

Community Forums Legal Advice India Legal Question: Why are occupants of a drunk driving car charged by Cops?

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    • #35628 Reply
      User_607f50db
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        U
        User_607f50db
        PARTICIPANT
        March 14, 2025 at 10:33 am
        I 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?

        [Source](https://www.indiatoday.in/india/story/gujarat-vadodara-drunk-driver-kills-woman-injures-others-ram-car-screams-another-round-viral-video-cctv-2693530-2025-03-14)

        [Video](https://www.instagram.com/reel/DHLLg2lpOGq/?igsh=ZzJpODhscHl6d2Yz)

      • #35631 Reply
        Alphastar8884
        Participant
          A
          Alphastar8884
          PARTICIPANT
          March 14, 2025 at 10:42 am
          NAL so I don’t 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.

          • #35632 Reply
            User_607f50db
            Participant
              U
              User_607f50db
              OP
              March 14, 2025 at 10:44 am
              Fai enough. Sounds logical.

          • #35630 Reply
            Urbanjayant3854
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              U
              Urbanjayant3854
              PARTICIPANT
              March 14, 2025 at 10:56 am
              For abetting the crime. They could have prevented the driver from driving

            • #35629 Reply
              Kamleshdude126
              Participant
                K
                Kamleshdude126
                PARTICIPANT
                March 14, 2025 at 11:19 am
                Aiding after the fact, before the fact i think

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