Drunk drivers in fatal accidents may get life

NEW DELHI: Madhya Pradesh police has asked investigating officers (IOs) to book drunk drivers involved in fatal accidents under Section-304 (culpable homicide not amounting to murder), which attracts up to life imprisonment or 10 years in jail and fine.
Till now, such accused were generally booked under 304A (death due to negligence), which attracts jail term of up to two years or fine or both. However, there have been few exceptional cases such as the infamous hit and run case involving actor Salman Khan, when police slapped Section-304.
In a circular issued from its headquarters, the MP police has said that in fatal accidents where there is proof against the driver of being drunk, the IO can take action under Section 304 of IPC. It said there have been a rise in the number of road fatalities due to drink driving and the Supreme Court-appointed panel on road safety has asked for reducing deaths by cracking down on such drivers.
The circular said that in all accidents where drivers are booked under Section-304A, they must undergo medical test and the report must be kept for record. It added that the IO must also find out from the medical officer whether there is alcohol content in the blood of the accused driver.
Section-304A, which deals with causing death by negligence, says that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment which may extend to two years, or with fine, or with both.
Section-304, which deals with punishment for culpable homicide not amounting to murder, says the accused shall be punished with imprisonment for life, or jail of up to 10 years, and shall also be liable to fine.
According to the latest road accident data, 4,776 persons died and 11,776 persons were injured in accidents caused due to driving under the influence of alcohol and drugs in 2017.