Punishment for Drunk Driving and Killing Someone in India

Drunk driving refers to operating a motor vehicle while under the influence of alcohol or drugs. It occurs when an individual’s ability to operate a vehicle safely is impaired due to the consumption of alcohol beyond the legal limit or the use of illicit substances. 

Drunk driving in India poses significant risks to drivers, passengers and other road users, as it impairs judgment, coordination and reaction time. It is a serious offence that can lead to accidents, injuries and fatalities. Strict laws and penalties are in place worldwide to deter and punish individuals who engage in this dangerous behaviour.

What about Drunk Driving Offence Laws in India?

The legal drinking age in India varies across states, typically 18 to 25 years, although some states prohibit alcohol consumption. Gujarat, Bihar, Manipur, Nagaland and the union territory of Lakshadweep have a complete ban on alcohol.

In India, driving under the influence or drunk driving is defined as having a blood alcohol concentration of more than 30 mg per 100 ml of blood, as detected by a breathalyser test. The same applies to individuals under the influence of drugs to the extent that impairs their ability to properly control the vehicle, according to a report by India Filings.

Currently, driving under the influence is considered a criminal offence in India under Section 185 of the Motor Vehicles Act, 1988. Previously, the Motor Vehicle Act prescribed a punishment of imprisonment for up to six months and/or a fine of up to two thousand rupees for a first offence of driving while intoxicated or under the influence of drugs. For a second or subsequent offence committed within three years of a previous offence, the punishment was imprisonment for up to two years and/or a fine of three thousand rupees.

However, amendments to the Act passed in 2019 increased the penalties. The fine for a first-time offence was raised to Rs. 10,000 and/or imprisonment of up to 6 months, and for a second offence, the fine was increased to Rs. 15,000 or imprisonment of up to 2 years.

What is the Punishment for Drunk Driving and Killing Someone in India?

​​Suppose an individual operates a vehicle recklessly while under the influence of alcohol and unintentionally causes the death of another person. In that case, three possible charges can be filed under the Indian Penal Code (IPC): 304 A, 279 and Section 185 of Motor Vehicle Act.

However, suppose there are suspicions that the person was intoxicated at the time of the accident. In that case, the authorities should use a breathalyser test in accordance with sections 203 and 204 of the Motor Vehicle Act. If it is proven that the person was indeed drunk, they should undergo a medical examination.

The medical examination must be conducted within 12 hours of the accident.

If drunk driving results in a fatality, the accused can be charged under IPC section 304A for causing death by negligence. This offence carries a maximum punishment of up to two years of imprisonment for culpable homicide not amounting to murder, along with a fine. Additionally, the accused can be charged under IPC section 279 for rash driving, which carries a maximum penalty of six months of imprisonment, a fine of Rs 10,000 or both.

If an individual displays signs of being intoxicated, the police should arrange for the person to undergo a medical examination. If the person refuses to provide blood samples, the police have the authority to arrest and obtain the sample. If the blood test reveals an alcohol content of 30 mg in 100 ml of blood, the person would be considered a suspect for an offence with a penalty of either six months of imprisonment or a fine of Rs 10,000.

Furthermore, the motor vehicle law, which has been in effect for 30 years, is scheduled for a significant overhaul. Recently, the Parliament passed the Motor Vehicle Amendments Bill 2019, proposing higher penalties for existing traffic violations.

Exceptions to Punishment for Drunk Driving and Killing Someone 

The Indian Penal Code includes Chapter IV, which encompasses general exceptions, including intoxication. These exceptions provide certain circumstances under which a person may be exempt from criminal liability. These exceptions can include intoxication, insanity, consent and others.

In the case of intoxication, the burden of proof falls on the accused to demonstrate why they should be exempt from criminal liability. Normally, it is the prosecution’s responsibility to prove the accused’s guilt to secure a conviction. However, in intoxication cases, the accused must establish their claim for exemption.

This principle is based on the notion that an innocent person should not be held accountable for an offence unless guilt is proven beyond a reasonable doubt. Sections 85 and 86 of the IPC specifically deal with the general exception of intoxication.

Conclusion

Drunk driving and causing a fatality in India result in severe legal consequences, including imprisonment and fines. Under Section 304A of the Indian Penal Code, the offence of causing death by negligence carries a maximum punishment of two years in prison and a fine.

Hence, If drunk driving leads to the death of another person, the accused can be charged under Section 304A of the Indian Penal Code for causing death by negligence. This offence carries a punishment of up to two years of imprisonment for culpable homicide not amounting to murder, along with a fine.