Plea in SC seeks State Ammendments for making road accidents as Non Bailable Offence

A plea has been moved before the Supreme Court seeking directions on the Centre as well as Union Territories for making road accidents as non-bailable offence, so as to create an apprehension in the mind of drivers, compelling them to drive cautiously. The plea additionally prays directions to reduce the vehicle density on roads by restricting people from buying more than two vehicles in a family.

Placing reliance on the information and documents obtained from Ministry of Road Transport and Highways, portals and RTI applications, the plea moved by Shrikant Prasad, avers that around 67% accidents in 2019 occurred due to over-speeding and rash-negligent driving.

Further, The Government is finding the vaccine to curb deaths due to pandemic and rightly so but what about the vaccine to curb lakhs of innocent deaths each year due to negligence of others. Due to the present “lenient sentencing” under Section 304-A (provides for maximum two years imprisonment , or with fine, or with both), we have seen that convicts invariably get even more leniency or no jail at all and get away with only fine

The plea suggests amendment in section 304A of the Indian Penal Code to make the offence of rash and negligent driving non-bailable and and to shift of onus on accused as at present provided.

“Amendment in section 279 and 337, 338 of the Indian Penal Code to make these offense non bailable. As the number of road accidents are increasing day by day across the country due to the increasing in number of vehicles and rash driving ,to curb the accidents the law must made with few deterrent effect as there is no fear in the mind of offender,” the plea reads.

The plea seeks the following prayers:

  • This court may pleased to issue a mandamus writ directing respondent no 1 to Respondent no 34 to take appropriate steps by making section 279, 304A , 337, 338 of I.p.c state amendments ,With reference to road accidents as non bailable offence with reversing the onus on accused so that be an apprehension in the mind of offenders which compels them to drive with cautiously.
  • Direct respondent no 1 to 34 to take appropriate steps to reduce the vehicle density on roads by restricting the people from buying more than 2 vehicle in a family as in Singapore.
  • Direct respondent no 35 to 59 to direct their subordinate courts to entertain the accident cases and decide the bail applications on merits and not in a routine manner u/S 436 that the fear of law is generated in the mind of the accused and road users as per the the judgement if this honourable court mentioned in this writ petition.
  • Constitute Committee by respondent number 1-34 to resolve the vehicle congestion and its consequences to the environment to take appropriate steps.
  • Directions to make rules related to onsite resolutions of motor vehicle offences by giving helmets, applying driving license or insurance instantly by charging fees from offenders.

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