[hserus]

Did the accident take place before or after the new MV act was notified? You can’t prosecute an offence prior to the acts introduction under it.

Originally Posted by charanreddy

I think this law is very recent. I read in news that the father tried to cover up saying that a driver was at the wheel, but this didn't fly with the authorities who arrested the son. All in all, a very sad state of affairs. I haven't the least faith in our justice deliver system.. remember Salman Khan's miraculous driver less car .. and how he was acquitted with in days of being convicted, after he hired a big shot lawyer..

[charanreddy]

Originally Posted by hserus

Did the accident take place before or after the new MV act was notified? You can’t prosecute an offence prior to the acts introduction under it.

It's the MV Act amendment and as recent as September 2019. Here is an ET article.

https://www.google.com/amp/s/m.econo...w/70905887.cms

Though, i am sure the father can be tried with attempt to influence investigation, but you never know with these wealthy political types what leverage they have on the police.

[Tarmac.terrorist]

Just my 2cents
I am not supporting underaged driving or the flaw in our system, but action should also be taken against people jay-walking as they put themselves and others in danger. If you see the video of this accident, the deceased had already crossed the middle of the road before looking to the other side of the road as earlier the view was blocked by another car. The mercedes driver was overspeeding and that's wrong but a little attention on walkers part would've saved his life. RIP.

[grevvity]

Originally Posted by Tarmac.terrorist

Just my 2cents
I am not supporting underaged driving or the flaw in our system, but action should also be taken against people jay-walking as they put themselves and others in danger. If you see the video of this accident, the deceased had already crossed the middle of the road before looking to the other side of the road as earlier the view was blocked by another car. The mercedes driver was overspeeding and that's wrong but a little attention on walkers part would've saved his life. RIP.

I have practically lived and completed my schooling in this area only. Its a narrow, single, undivided lane with big housing complex and bungalows on both sides. Even the Chief Minister and LG bungalows are nearby. With the size of the road and the traffic plying on it, it is impossible to imagine someone driving at such insane speeds. I will only blame the driver for gunning his merc at such speed on this road. It's not an accident, it's a clear cut murder.

[autoholic]

Originally Posted by Tarmac.terrorist

Just my 2cents
I am not supporting underaged driving or the flaw in our system, but action should also be taken against people jay-walking as they put themselves and others in danger. If you see the video of this accident, the deceased had already crossed the middle of the road before looking to the other side of the road as earlier the view was blocked by another car. The mercedes driver was overspeeding and that's wrong but a little attention on walkers part would've saved his life. RIP.

https://youtu.be/O6mXG11DtTQ

Jaywalking as per wikipedia- "Jaywalking occurs when a pedestrian walks in or crosses a roadway that has traffic, other than at a suitable crossing point, or otherwise in disregard of traffic rules." And as per Oxford - "cross or walk in the street or road unlawfully or without regard for approaching traffic."

I viewed the video with your viewpoint in mind multiple times but I see the victim is not on a phone or distracted, but looks fully aware of the traffic and he seems to looking both ways all the time. Also the victim was crossing the road near an intersection where there should be zebra crossings for pedestrian crossing, but, none can be seen at the location.

On the other hand the driver was 1. Clearly speeding, 2. Did not slow down at the intersection, 3. The driver's attempt to slow comes milliseconds before impact, was he concerned about a human life or his life I cannot say.

Should the particular incident be considered Jaywalking? you decide.

IMO what happened here is, the victim was crossing the road looking both sides. But when he realised the oncoming vehicle was coming at great speed, he tried to run to safety. While at the same time the driver not wanting to slow (and waste his precious time), cut to the left to speed past the front of the pedestrian. When the victim realised the car was again coming towards him, he tried to back track but it was too late.

Who is the culprit here? IMO the Delhi Police and the parents of the accused.

A line from an ARTICLE on the case - "In the chargesheet, the accused has been termed a 'perpetual defaulter', as he had been fined thrice - twice for speeding and once for parking wrongly."

This means the accused was previously booked, thrice, for speeding and wrong parking, but, NOT underage driving.

[JBIBS]

While I am deeply saddened with what happened and somewhere angered as well with how things turned out, this reminds me a few lines from a recently released movie "Section 375".

The very opening scene from the movie cites Nirbhaya case and outlines "Justice is abstract, but only law is the fact. Was justice made ? NO. But was the law upheld ? YES. Courts are all for the law. That is why the Juvenile wasnt sent to Jail, even when he was the most torturous of all".

The above so much sumerizes what just happened in SC in this Hit and Run case. What could be done with the boy's father is another thing. What ruling was made for the boy is as per law, no matter how unfortunate it sounds.

The movie ends in a similar note too. While it was quite evident that the accused wasn't guilty, the jail sentencing from lower court was still upheld. Because law favored that only. It's a brilliant movie for those who haven't watched it yet.

Let's also remember, we are living in a world which is driven by "Rule of Law"; but not by the "Spirit of the Law". I am not trying to lecture or favor what just happened. Instead, just trying to accept what is true.

[gauravdgr8]

My 2 cents looking at the video. Yes, the parents are at fault. They should not have given the car to a minor. The boy should have controlled his speed some seconds ago than at the last moment.

However, I feel that the person crossing the road too should have been more alert and decisive. When he had started to run, he should not have stopped, he was very close to the footpath. Even before that, he should have stopped on seeing the car, rather than run.

We as Indians are very impatient and that 1 second is truly precious for us, be it road crossing or signals.

[landcruiser123]

I thought the MV had provisions to imprison the owner of a vehicle if a minor was driving it.

The dad should be imprisoned if the son took the keys with permission or the son should be tried as an adult if he took the keys without permission.

Originally Posted by Tarmac.terrorist

Just my 2cents
I am not supporting underaged driving or the flaw in our system, but action should also be taken against people jay-walking as they...

I understand you. This is a case of which offense is more grievous. IMHO, the underage driver (who was presumably over-speeding) committed the grave offense. My 2 cents:
1. India doesn't have proper walking infrastructure. Even if it is there, people just don't follow the rules and drivers don't necessarily yield.
2. Urban speed limits are set so that drivers can deal with such unexpected encounters with rouge pedestrians, animals etc,.