'Ten years in jail for causing death by rash driving'
NEW DELHI: The Law Commission has framed a set of drastic recommendations to deal with rash and negligent driving, including that the punishment be raised from two years to a 10-year term and denial of bail.
The Commission has suggested an amendment to Section 304A of the Indian Penal Code which at present pegs the maximum punishment for anyone causing death by rash and negligent driving at two years.
"Keeping in view the present day practical reality, the punishment should be increased to 10 years imprisonment," the law panel said in its 234th report.
Importantly, it said the offence should be made non-bailable, which means the police would have no power to release on bail a person accused of causing death by rash and negligent driving.
The report also seeks to curb the trend among motorists to convert their vehicles illegally to LPG. The commission recommended insertion of a provision in the Motor Vehicles Act "for confiscation of the vehicles fitted with LPG cylinders meant for home kitchen and arrest and prosecution of owners/drivers of such vehicles".
In another important recommendation, the commission said: "There should be no exemption of government vehicles from policy of insurance against third party risk."
The report, submitted by Law Commission's chairperson Justice AR Lakshmanan to law minister Veerappa Moily, seeks to alter the legal regime for rash and negligent driving in a radical way.
What weighed on the minds of the Law Commission was the website data of 1 lakh deaths due to road accidents in India every year. It also quoted the website of a leading automobile major to say that "more than a million people are injured or maimed" and "road accidents cost the country some Rs 550 billion every year".
Besides, the panel took into account accidents caused by drunk driving and said: "Causing death of any person through driving under the influence of alcohol or drugs should be punishable with a minimum imprisonment of two years."
It said road and transport being state subjects, there had been no uniformity in the law and punishment across the country. "There is no comprehensive central legislation to effectively and holistically regulate all kinds of traffic on the roads," it said.
"The Seventh Schedule of the Constitution will be required to be amended for such a comprehensive central legislation. The Law Commission feels that there is a need of a comprehensive Central road traffic law," it said.
Regarding enforcement, it recommended installation of close circuit TV cameras at all vulnerable points to curb unruly traffic and suggested that weigh-bridges be installed at border points to deter overloaded transport vehicles from entering a state.
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'Ten years in jail for causing death by rash driving' - India - NEWS - The Times of India