Last month, the Ernakulam Regional Transport Office suspended 52 driving licences of those involved in road accidents that have led to death or injury. All of them will be eligible to get behind the wheel after the suspension even if the accidents they caused had claimed lives.
But more crucial is whether the accused is charged with IPC Section 304 or Section 304 A. While the former is non-bailable, the latter is bailable and the prison terms under them also vary. In the latest incident, a private bus driver who mowed down a young IT professional in the city could secure bail a short period after his arrest, being charged with Section 304 A for causing death by negligence.
K.S. Baby Vinod, Assistant Commissioner of Police, Traffic West, said that the Section 304 can be charged only when it is proved beyond doubt that the accused act with intent to kill or in the knowledge that it was likely to cause death. “That’s why Section 304 is slapped in accidents caused by drunken drivers as they act despite knowing that driving under the influence of alcohol is likely to cause death,” he said.
K.M. Shaji, Ernakulam RTO, said that invoking Section 304 in all cases cannot be justified since all accidents need not be caused by the mistakes on the part of the accused driver.
Usually, the driving licence of the accused is temporarily disqualified for periods ranging between six months to a year under Section 19 (1) of the Motor Vehicle Act. “In case of repeated offenders, the suspension period goes up and may even be revoked permanently,” Mr. Shaji said.
Dejo Kappen, transportation expert, said that it’s a tragedy that an accused driver gets out on bail even before the body of the victim is laid to rest. Fines are no longer a deterrent. “Laws should be amended to make imprisonment even for a day or two mandatory even for rash and negligent driving. With the Central government set to come up with a Road Safety Bill, time is apt for launching a campaign towards that end,” he said.
