HIT AND RUN CASES
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This document discusses hit and run cases under Indian law. It defines a hit and run as when a driver hits a person or property with their vehicle and then flees the scene without providing their information. It outlines the relevant sections of Indian penal code regarding hit and runs and the potential punishments, which can include imprisonment and fines. It notes that hit and run cases are difficult to solve due to a lack of direct evidence at the scene. The document provides advice about what a driver should and should not do if they are involved in a hit and run accident.
HIT AND RUN CASES
- 2. By-ISHIKA CHATTERJEE Volunteer of Applied Forensic Research Sciences (AFRS)
- 3. CONTENTS 1. Introduction 2. What is hit and run cases? 3. Sections of hit and run cases 4. Punishment of hit and run cases 5. Hit and run laws 6. Problems in hit and run cases 7. What should not be done after hit and run accidents 8. Conclusion 9. References
- 4. Introduction Hit and Run cases happen when the drivers while driving incur damage to any person’s life, health or property while rash driving and thereafter failing to register their vehicle and driving license with the concerned legal authorities. In layman’s terms, Hit and Run is hitting a person or property while driving and then fleeing. It becomes very hard to identify and punish the culprits because of lack of evidence and witnesses. However, there have been many instances when the law has convicted them.
- 5. What is hit and run cases? Hit and runs include any accident where a vehicle hits a person, object or vehicle and the driver knowingly leaves the scene without providing their information. Hit and run statuses vary from state to state. It is not a violation of the constitutional protection against self- incrimination to be required to stop and give this information since it is a report and not an admission of guilt. Some hit and run cases are difficult to determine, such as the driver leaves the accident scene to go a block to his/her house or the neighborhood repair garage, and then walks back to the scene.
- 6. Sections of hit and run cases Sections 279, 304A, and 338 of IPC are imposed on the victims of hit-and-run incidents. Section 279– Under this section it is stated that any person who drives vehicles rashly on a public road will be guilty under this section. Persons found guilty under this section have to face imprisonment for 6 months, fine of Rs 1000/- or both can be imposed on a driver. The offence committed under this section is bailable and is cognizable by the district magistrate.
- 7. Section 304A– Under this section it is stated that if a driver is not intoxicated but leads to the death of a person in the accident then he/she will be liable under this section. The driver may face imprisonment of year which may extend upto 2 years with a fine of more than Rs 1000/- or both. The offence committed under this section is a non-bailable offence. Section 302– Under extreme conditions police may book a rider under this section. This section deal with the offence of murder. Driver booked under this section might face imprisonment for life or death penalty.
- 8. Punishment of hit and run cases 304A is a non-bailable offence, and an individual can be convicted by lifetime imprisonment. In extreme cases, the police may also report a hit and drive case under 302, which is a section related to the murder. A driver booked under Section 302, may face a death sentence or life imprisonment. Death of the victim: Rs. 25000 Circumstances: Old Compensation Bodily Injury of the victim: Rs. 12500
- 9. Hit and run laws If you get a moving violation you can remove the points on your license by taking a defense driving course, but a hit and run is a more serious offence. It’s the type of offence that can easily come with jail time, very hefty fines and drivers license limitations. Hit and run laws vary from state to state. They can be traffic infractions, misdemeanors or felonies depending on the severity of the accident, total amount of property damage, and cause of the accident. One thing is consistent in every state - the consequences for a hit and run are much worse than stopping and taking responsibility. Besides, getting away with a hit and run is much more difficult than many people think. Consider how many parking lot cameras and doorbell cameras are used today, or how many potential witnesses there were that you didn’t notice. Some people have even attempted to file a false report to cover up a hit and run, only to find they now have an additional false insurance claim charge.
- 10. Problems in hit and run cases The biggest issue in the cases of Hit and Run is the absence of any direct evidence. Usually, there is no hard evidence to put the culprit at the crime scene. This makes it very difficult for the Police to pursue the investigation. Sometimes due to the speeding vehicles and a lot of rush, even witnesses aren’t able to help with the investigation. Also, the witnesses often don’t want to be entangled in the legal framework. The Police have to rely on indirect pieces of evidence in such cases. The investigation requires very precise and careful monitoring of the crime scene.
- 11. What should not be done after a hit-and-run accident If you are involved in a hit-and run accident then you must avoid doing certain things and those are- Do not try to run from an accident spot. Try to get the vehicle at a safe place, don’t wait in the travel lane. Do not leave the accident scene without collecting adequate information. Wait for the police, do not block the traffic.
- 12. Conclusion There have been many high profile cases of Hit and Run over the years. And, many of which couldn’t get as much attention. The usual reason found behind these instances is Rash driving, on-road racing and drink and drive. The victims, either injured or dead are left to suffer while the culprits run free. Even the compensation given to the victim is too low as termed by the Apex Court. A bill is pending in the Parliament to increase the same from 25000 rupees to 2 lakhs.
- 13. Mcq What is the first step in the accident study? a) Accident data collection b) Accident investigation c) Accident data analysis d) Accident reconstruction
- 14. Refrences https://www.livelaw.in/know-the-law/statutorily- recognising-principles-on-computing- compensation-in-fatal-road-accident-cases-160459 https://www.royalsundaram.in/hit-and-run-case- fine-now-and-then https://www.indiatimes.com/culture/who-we- are/shocking-5-high-profile-hit-and-run-cases- where-the-accused-got-away-285922.html https://www.sundayguardianlive.com/news/hit-run- case-exposes-legal-loopholes
- 15. Thankyou…