- This topic has 27 replies, 18 voices, and was last updated 1 year, 3 months ago by
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UGuys i was wondering what would be the legal range of punishment for the vadodara car accident i mean it was not underaged driving neither proven drunk driving or on any other substance. The car first hit a scooty from the side which would have caused the airbags to deploy loosing control and ramming through the scooty in footage. It was overspeeding but that too not extremely beyond the limits.
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SLaw is for poor people. I’m sure that kid will pay his price and get away with it. 💯 Confident that’s what’s going to happen. “Om namah shivaya!”. If this little punk knows this much to bring in support while he literally committed felony, his parents and supporters will go a long way to get him out of this easily. Money talks.
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SFeom my understanding he will be charged with the following –
1) causing death by negligence
2) rash driving
3) over speedingI think this can collectively get him upto a maximum of 15 years of imprisonment and fine.
Depending on his age, previous traffic violations or other criminal activity his sentence may be shortened or may be 10-15 years with a provision for early release based on his character.
The car insurance will pay for damages to the people who lost their lives.
There is additional layer of the law that 2 people who were hit with the vehicle were on a two wheeler and did not wear a helmet so the insurance company may be able to argue regarding the payout.
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DSection 106 of the BNS – Causing death by rash or negligent act. The defence lawyers will try will try their best to have the perpetrator be charged with this as this offers protracted trial and also for settlement. In case the perpetrator gets imprisoned (which is upto 5 years), he still can be out in a couple of months thanks to good behaviour or his essay writing skills.
The prosecutor, whoever he is, might attempt to press the charge of section 110 of BNS for Culpable homicide, then the prison sentence is upto 7 years, but he might get bribed by the defence and compromise.
As far as rash driving and over-speeding is concerned, the imprisonment is max upto 6 months and can be avoided by paying penalties too.
The perpetrator has already claimed to the press that he was not under the influence of alcohol, and the speed at which he was driving was less than 50 kmph. Chances are also very high that the victim who was riding the scooter will get charged for negligence, violating rules like not wearing the helmet, tripling etc. which will shift the burden of irresponsibility on them as well.
Unfortunately, the perpetrator will be out and about in a couple of months from all these hassles and will be able to continue his miserable life.
Sad thing for the victims is that they have to cope the loss of their loved ones, live with regret and bear injuries for the rest of their lives.
Best bet for the victims would be to settle a matter for few lacs which I believe the perpetrator’s advocates would advice against as they’d try to pocket that amount instead of paying it to the victims.
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DThe prosecution if cares to get the better out of this then they can point out things like,
1. The lane in which the scooter was being driven was not a fast lane.2. Let’s just agree according to the perpetrator that the car’s speed was 50kmph, but the limits at most of the fast lanes in the country is 60kmph and such roads are usually the highways.
3. The behaviour of the perpetrator as clearly visible in the video, shows no absolutely no remorse and was rather elated coupled with rejoicement after realising what he had done.
4. Insist on Sec 105 of BNS (Culpable Homicide) as speeding on a road where the speed limit is not as high as 50kmph might hurt someone, and should be tried with it. If possible this should be coupled with Sec 110 of BNS.
5. Seek for relief for the damages done.
6. Cancellation of driver’s licence for lifetime of the perpetrator.
7. Imprisonment for the perpetrator to set an example given the rise in such cases of reckless driving.
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UThat’s true but I think they might be opposite argument will be
1) no helmet
2) triple ridding
And might try to settle out of court-
DThe prosecution must accept the violations by the aggrieved party on the scooter but also stress on the fact that these violations do not deserve them to be mowed down by the over speeding, ruthless and insensitive perpetrator.
The prosecutor must insist on a drug test and also should highlight the perpetrator’s behaviour after the incident which showed absolutely no remorse or guilt and rather a sense of pride that he managed to take people down.
The prosecutor must also insist on issuing an order for conducting Narco Analysis + Polygraph Test coupled with Brain Mapping to understand the perpetrator’s psychology and his intentions to gain effective clarity.
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Ewhat happens if you crash your car into someone but you were not drunk and not overspeeding? but people are severely injured or die?
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UFor me it looked like there was something like a dare between the driver and the co passenger.
In the 2nd round this incident might have happened. -
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