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Process at a Glance
How the Motor Accident Trial Process Moves
1
FIR & Registration
→
2
Investigation & Chargesheet
→
3
Cognizance & Framing of Notice/Charge
→
4
Prosecution Evidence
→
5
Statement of the Accused & Defence
→
6
Arguments, Judgment & Sentence
→
7
Appeal / Revision
Overview
Criminal Prosecution of a Driver — How It Works
When a road accident is caused by rash or negligent driving, two separate proceedings can follow. The civil claim for compensation is decided by the Motor Accidents Claims Tribunal (covered separately on our Motor Accident Claims page). This page deals with the criminal prosecution of the driver — the State prosecuting the offending driver for the offence itself. Since 1 July 2024 these offences are governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code: rash driving under Section 281 (old Section 279 IPC), hurt/grievous hurt by a rash or negligent act under Section 125 (old Sections 337/338 IPC), and causing death by negligence under Section 106 (old Section 304A IPC). Drunk driving is separately punishable under Section 185 of the Motor Vehicles Act, 1988.
The criminal case begins with an FIR and police investigation, proceeds through a chargesheet and trial before a Magistrate, and is decided on the standard of proof beyond reasonable doubt — a much higher standard than the “preponderance of probabilities” applied by the MACT. The two cases are independent: an acquittal in the criminal trial does not by itself defeat the MACT compensation claim. At the same time, a criminal conviction can materially strengthen the negligence finding in the MACT claim, and the FIR, chargesheet and other criminal records are admissible before the Tribunal.
The Core Driving Offences (BNS 2023)
Rash Driving — S.281
Driving (or riding) on a public way so rashly or negligently as to endanger human life or be likely to cause hurt. Punishment: up to 6 months, or fine up to ₹1,000, or both. (Old IPC S.279.)
Hurt / Grievous Hurt — S.125
Rash/negligent act endangering life: where hurt is caused — up to 6 months / ₹5,000 [S.125(a), old IPC 337]; where grievous hurt is caused — up to 3 years / ₹10,000 [S.125(b), old IPC 338].
Death by Negligence — S.106(1)
Causing death by a rash or negligent act not amounting to culpable homicide — up to 5 years and fine (raised from 2 years under old IPC S.304A). The most serious of the ordinary motor-accident offences.
Hit-and-Run — S.106(2)
Driver who causes death and flees / fails to report to a police officer or Magistrate soon after — up to 10 years and fine. S.106(2) is presently kept in abeyance and not yet enforced (after transporters’ representations).
Key Takeaways
- The criminal trial is separate from the MACT compensation claim. It runs on proof beyond reasonable doubt before a Magistrate, whereas the MACT decides compensation on the preponderance of probabilities. An acquittal does not by itself defeat the MACT claim, but a conviction strengthens the negligence finding; the FIR, chargesheet and criminal records are admissible before the Tribunal.
- From 1 July 2024 the BNS, 2023 replaced the IPC. The key offences: S.281 (rash/negligent driving, was S.279) — 6 months / fine; S.125 (hurt / grievous hurt by rash act, was S.337/338) — up to 3 years for grievous; and S.106(1) (causing death by negligence, was S.304A) — punishment raised from 2 to 5 years and fine.
- S.106(2) punishes a driver who causes death and flees without reporting with up to 10 years (and is non-bailable), but it is presently kept in abeyance after transporters' protests — so fleeing-driver cases currently proceed under S.106(1) and the Motor Vehicles Act. Reporting the accident promptly keeps the charge at the lesser S.106(1).
- Where the driver acts with knowledge that the rash act is likely to cause death (e.g. driving heavily intoxicated at high speed into a crowd), the charge can be elevated to culpable homicide not amounting to murder under Section 105 BNS (old S.304 Part II IPC), carrying a far higher sentence — Alister Anthony Pareira v. State of Maharashtra (2012).
- Drunk driving is a separate offence under Section 185 of the Motor Vehicles Act, 1988 (first offence up to 6 months and/or Rs. 10,000; repeat up to 2 years). Most rash-driving offences are bailable, and Arnesh Kumar v. State of Bihar (2014) guidelines restrain automatic arrest for offences punishable up to seven years.
- The Supreme Court takes a deterrent view of sentencing — courts should not reduce sentences out of "undue sympathy" (State of Punjab v. Saurabh Bakshi, 2015; State of Punjab v. Dil Bahadur, 2023). Increasingly, electronic evidence under the BSA, 2023 (FasTag logs, CCTV, GPS, the vehicle's ECM speed data) is used to prove the manner of driving, so early preservation requests matter.
Old Law vs New
IPC → BNS — Motor-Accident Offences
| Offence | Old (IPC) | Now (BNS 2023) | Maximum Punishment (current) |
|---|---|---|---|
| Rash / negligent driving on a public way | S.279 | S.281 | 6 months, or fine up to ₹1,000, or both (unchanged) |
| Hurt by rash/negligent act endangering life | S.337 | S.125(a) | 6 months, or fine up to ₹5,000, or both (fine raised from ₹500) |
| Grievous hurt by rash/negligent act endangering life | S.338 | S.125(b) | Up to 3 years (raised from 2 years), or fine up to ₹10,000, or both |
| Causing death by negligence | S.304A | S.106(1) | Up to 5 years and fine (raised from 2 years) |
| Death by rash driving + fleeing without reporting (hit-and-run) | — | S.106(2) | Up to 10 years and fine — presently in abeyance / not enforced |
| Driving under the influence of drink/drugs | Motor Vehicles Act, 1988 — S.185 | First offence: up to 6 months and/or fine ₹10,000; repeat: up to 2 years and/or ₹15,000 | |
Note: where the driver acts with the knowledge that his rash act is likely to cause death — for example driving heavily intoxicated at high speed into a crowd — the charge can be elevated from S.106(1) to culpable homicide not amounting to murder under Section 105 BNS (old Section 304 Part II IPC), which carries a far higher sentence, as explained in Alister Anthony Pareira.
Trial Stages
The Criminal Trial — Stage by Stage (BNSS 2023)
1
FIR & Registration
On information of a cognizable road-accident offence, the police register an FIR under Section 173 BNSS (old S.154 CrPC). The injured/family should ensure the FIR records the vehicle number, manner of the accident and witnesses. A copy of the FIR is supplied free of cost.
2
Investigation & Chargesheet
Police prepare the site plan, seizure memo, mechanical inspection report and obtain the MLC/postmortem. On completion, a chargesheet (police report) is filed under Section 193 BNSS (old S.173 CrPC). Arrest is regulated by Section 35 BNSS and the Arnesh Kumar guidelines, since these offences carry ≤7 years.
3
Cognizance & Framing of Notice/Charge
The Magistrate takes cognizance and, in a summons/warrant trial, frames the substance of the accusation. The accused pleads guilty or claims trial. Most motor-accident offences are tried summarily/as warrant cases by a Judicial Magistrate.
4
Prosecution Evidence
The prosecution examines eye-witnesses, the investigating officer, the doctor (MLC/postmortem) and the mechanical examiner. The standard is proof beyond reasonable doubt. Rashness/negligence must be affirmatively established — res ipsa loquitur alone is not enough (Jacob Mathew).
5
Statement of the Accused & Defence
The accused is examined under Section 351 BNSS (old S.313 CrPC) on the incriminating circumstances, and may lead defence evidence (e.g. mechanical failure, sudden jaywalking, contributory acts).
6
Arguments, Judgment & Sentence
After final arguments the Magistrate delivers judgment. On conviction, sentencing follows — courts must keep deterrence in view (Dalbir Singh, Saurabh Bakshi, Dil Bahadur), and victim compensation may be ordered under Section 395/396 BNSS.
7
Appeal / Revision
A convicted accused may appeal to the Sessions Court (and onward), and the State may appeal against inadequate sentence or acquittal. Bail pending appeal may be sought. Quashing of the FIR/proceedings can be sought before the High Court under Section 528 BNSS (old S.482 CrPC) in appropriate cases.
Key Points
Quick Reference — Offence Classification & Bail
⚖ At-a-Glance — Motor-Accident Criminal Offences
Standard of proof (criminal trial)Beyond reasonable doubt
Rash driving — S.281 BNSCognizable, bailable; tried by Magistrate
Death by negligence — S.106(1) BNSCognizable, bailable; up to 5 years
Arrest in ≤7-year offencesNot automatic — S.35 BNSS / Arnesh Kumar guidelines
Drunk drivingS.185 Motor Vehicles Act, 1988
Hit-and-run — S.106(2) BNSUp to 10 years — presently not enforced (in abeyance)
Charge can be elevated toS.105 BNS (culpable homicide not amounting to murder) where knowledge present
Effect of criminal acquittal on MACT claimDoes not by itself defeat the compensation claim
Quashing of FIR / proceedingsHigh Court — S.528 BNSS (old S.482 CrPC)
Important Note
Two points matter most. First, the S.106(2) ten-year hit-and-run provision is in abeyance — it is not currently enforced, so a fleeing-driver case proceeds under S.106(1) (up to 5 years) and the Motor Vehicles Act; reporting the accident promptly keeps the matter at the lesser, bailable S.106(1) rather than the non-bailable S.106(2) if and when it is notified. Second, the criminal case and the MACT claim are independent: do not assume that settling or winning one disposes of the other, and remember that statements and findings can cross over (a conviction aids the compensation claim; the criminal court does not award compensation beyond limited S.395 BNSS powers). For offences punishable up to seven years, Arnesh Kumar (2014) and the BNSS notice-of-appearance provisions restrain automatic arrest — a point worth raising at the investigation stage. Charges committed before 1 July 2024 continue under the IPC; only later offences attract the BNS sections.
Documents
Key Documents in a Motor-Accident Criminal Case
FIR copy (registered under S.173 BNSS) — the foundation of the prosecution
Chargesheet / police report under S.193 BNSS
MLC (Medico-Legal Certificate) of the injured / postmortem report in death cases
Site plan and scaled sketch of the accident spot prepared by the IO
Mechanical inspection report of the offending vehicle
Seizure memo of the vehicle and documents (RC, insurance, permit, fitness)
Driving licence of the accused driver and its verification
Statements of eye-witnesses recorded under S.180 BNSS (old S.161 CrPC)
FasTag / CCTV / GPS data and photographs (digital evidence under BSA 2023)
Bail application and surety documents (where arrest is apprehended or made)
Applicable Laws
Relevant Statutes
📖 Relevant Section — S.106 (Bharatiya Nyaya Sanhita, 2023) +
Section 106(1) — Causing death by negligence. “Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.”
Section 106(2). “Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” (Section 106(2) is presently kept in abeyance / not yet enforced.)
Section 281 — Rash driving or riding on a public way. “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.” Source: Bharatiya Nyaya Sanhita, 2023 (in force 1 July 2024) — India Code (indiacode.nic.in); text cross-verified.
Section 106(2). “Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” (Section 106(2) is presently kept in abeyance / not yet enforced.)
Section 281 — Rash driving or riding on a public way. “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.” Source: Bharatiya Nyaya Sanhita, 2023 (in force 1 July 2024) — India Code (indiacode.nic.in); text cross-verified.
Bharatiya Nyaya Sanhita, 2023 — Sections 281, 125, 106, 105
S.281: rash driving on a public way (old IPC 279). S.125: hurt [(a)] / grievous hurt [(b)] by a rash or negligent act endangering life (old IPC 337/338). S.106(1): causing death by negligence — up to 5 years (old IPC 304A); S.106(2): hit-and-run — up to 10 years (in abeyance). S.105: culpable homicide not amounting to murder, where the act is done with knowledge (old IPC 304 Part II).
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Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Procedure
Governs the criminal process from 1 July 2024 (replaced the CrPC): FIR (S.173), investigation and police report/chargesheet (S.193), witness statements (S.180), arrest safeguards (S.35), examination of the accused (S.351), victim compensation (S.395/396) and quashing/inherent powers of the High Court (S.528).
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Motor Vehicles Act, 1988 — Sections 185, 184, 134
S.185: driving by a drunken person or under the influence of drugs. S.184: driving dangerously. S.134: duty of the driver to secure medical attention for the injured and to report the accident to police. These run alongside the BNS offences in a road-accident prosecution.
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Bharatiya Sakshya Adhiniyam, 2023 (BSA) — Evidence
Replaced the Indian Evidence Act 1872 from 1 July 2024. Electronic records — CCTV footage, FasTag and GPS data, e-FIR and digital photographs — are admissible as evidence subject to the conditions in Sections 61–63 BSA. Crucial for proving the manner of driving and identifying the offending vehicle.
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Judgments
Landmark & Recent Judgments
1
Recent — No Reduction of Sentence on Undue Sympathy (2023)
State of Punjab v. Dil Bahadur — Criminal Appeal No. 844 of 2023
Supreme Court of India | Two-Judge Bench | Decided: 28.03.2023 | Justices M.R. Shah & C.T. Ravikumar
The High Court had reduced a Section 279/304A sentence from two years to eight months out of “undue sympathy” for a poor accused who had paid compensation. The Supreme Court set this aside and restored the original sentence, holding that an inadequate sentence erodes public confidence in the law and that the object of the penal law is to punish offenders — a recent reaffirmation of deterrent sentencing in rash-driving deaths.
View on IndianKanoon →
2
Landmark — Sentencing: Leniency Deprecated
State of Punjab v. Saurabh Bakshi — (2015) 5 SCC 182
Supreme Court of India | Two-Judge Bench | Decided: 30.03.2015
Deprecated the tendency of trial and appellate courts to impose inadequate sentences (or only fine) in Section 279/304A cases. The Court urged that the punishment must be commensurate with the gravity of the offence and recommended that the legislature revisit the maximum sentence under Section 304A — a recommendation later reflected in the enhanced BNS penalties.
View on IndianKanoon →
3
Landmark — Arrest & Bail in ≤7-Year Offences
Arnesh Kumar v. State of Bihar — (2014) 8 SCC 273
Supreme Court of India | Two-Judge Bench | Decided: 02.07.2014 | Justices Chandramauli Kr. Prasad & Pinaki Chandra Ghose
For offences punishable with imprisonment up to seven years, a police officer must not arrest automatically merely because the offence is cognizable; he must record reasons under Section 41(1)(b) CrPC (now Section 35 BNSS) and may issue a notice of appearance under Section 41A (now Section 35 BNSS). Since the motor-accident offences (BNS 281, 125, 106(1)) are all ≤7 years, these guidelines directly govern arrest and bail of the driver.
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4
Landmark — What is Rash / Negligent Driving
Ravi Kapur v. State of Rajasthan — (2012) 9 SCC 284
Supreme Court of India | Two-Judge Bench | Decided: 16.08.2012 | Justice Swatanter Kumar
Defined the ingredients of rash and negligent driving: the vehicle must be driven on a public way, rashly or negligently, in a manner that endangers human life or is likely to cause hurt. Rashness need not be coupled with over-speeding — driving even at a slow speed but recklessly can be rash. Where the accident prima facie could not have happened without negligence, res ipsa loquitur shifts the burden to the driver to explain.
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5
Landmark — Drunk / Reckless Driving Escalates the Charge
Alister Anthony Pareira v. State of Maharashtra — (2012) 2 SCC 648
Supreme Court of India | Two-Judge Bench | Decided: 12.01.2012 | Justices R.M. Lodha & J.S. Khehar
Where a driver runs a vehicle rashly with the knowledge that his act is likely to cause death (e.g. driving drunk at high speed over a pavement where people sleep), the offence is not confined to Section 304A — it can amount to culpable homicide not amounting to murder under Section 304 Part II. The judgment clarified the line between Section 304A and Section 304 Part II in motor-accident prosecutions.
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6
Landmark — Professional Driver's Duty of Care
Guru Basavaraj @ Benne Settappa v. State of Karnataka — (2012) 8 SCC 734
Supreme Court of India | Two-Judge Bench | Decided: 29.08.2012 | Justice Dipak Misra
A professional driver, whose foot is on the accelerator for most of his working hours, owes a high and constant duty of care; he cannot take the chance that rash driving will not cause an accident. Reiterating Dalbir Singh, the Court held that courts cannot lightly extend probation in Section 304A cases — deterrence must guide sentencing.
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7
Landmark — Ingredients of Section 304A
State of Punjab v. Balwinder Singh — (2012) 2 SCC 182
Supreme Court of India | Two-Judge Bench | Decided: 06.01.2012
Set out the conditions for an offence under Section 304A: (i) death of a person; (ii) caused by the accused; (iii) by a rash or negligent act; (iv) not amounting to culpable homicide. The act must not be covered by Sections 299/300. The Court endorsed Dalbir Singh on the need for deterrent sentencing in rash-driving deaths.
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8
Landmark — Degree of Criminal Negligence
Jacob Mathew v. State of Punjab — (2005) 6 SCC 1
Supreme Court of India | Three-Judge Bench | Decided: 05.08.2005 | CJI R.C. Lahoti, G.P. Mathur & P.K. Balasubramanyan
For criminal liability, mere negligence is not enough — the rashness or negligence must be of a high degree, i.e. gross. The burden of proving negligence as an essential ingredient lies on the prosecution, and a case cannot be decided solely by applying res ipsa loquitur (a rule of evidence). The rash/negligent act must be the proximate and direct cause (causa causans) of the death.
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9
Landmark — Sentencing: Deterrence (Foundational)
Dalbir Singh v. State of Haryana — (2000) 5 SCC 82
Supreme Court of India | Two-Judge Bench | Decided: 04.05.2000 | Justices K.T. Thomas & Doraiswamy Raju
When automobiles have become death traps, leniency to drivers found guilty of rash driving risks escalating road accidents. Criminal courts cannot routinely treat Section 304A as attracting the benevolent provisions of Section 4 of the Probation of Offenders Act — deterrence is a prime sentencing consideration, particularly for professional drivers.
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10
Landmark — Proof of Negligence & Causation
Suleman Rehiman Mulani v. State of Maharashtra — (1968) 2 SCR 515
Supreme Court of India | Decided: 01.12.1967
To convict under Section 304A the prosecution must conclusively prove that the rash or negligent act of the accused was the cause of death. A person who drives a vehicle without knowing how to drive (and without a licence/trainer) does a rash and negligent act; but the chain of causation between the driving and the death must still be established on the evidence.
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Recent Developments
Recent Developments
2024 — BNS replaces IPC
New Penal Code in Force
From 1 July 2024 the BNS replaced the IPC. Rash driving → S.281; hurt/grievous hurt by rash act → S.125; death by negligence → S.106(1), with the maximum raised from 2 to 5 years. Pending cases continue under the IPC for offences committed before that date.
2024–25 — S.106(2) BNS
Hit-and-Run Provision in Abeyance
The 10-year hit-and-run punishment under S.106(2) was kept on hold after nationwide transporters’ protests; the Government undertook consultation before notifying it. As things stand it is not being enforced — prosecutions for fleeing drivers continue under S.106(1) and the Motor Vehicles Act.
2023 — Supreme Court
Deterrent Sentencing Reaffirmed
In State of Punjab v. Dil Bahadur the Court set aside a High Court order that had reduced a rash-driving sentence out of “undue sympathy”, restoring the original term and stressing that inadequate sentences erode public confidence in the law.
Ongoing — Digital Evidence
FasTag, CCTV & GPS in Prosecutions
Under the BSA 2023, electronic records such as FasTag logs, CCTV footage and GPS data are increasingly relied upon to establish the presence, identity and manner of driving of the offending vehicle. Early preservation requests are advisable before such data is overwritten.
Practical Tip
If you are the driver, do not flee — report the accident to the nearest police officer or Magistrate at once, since this keeps the charge at the bailable S.106(1) and avoids the far graver S.106(2). Secure bail early (most rash-driving offences are bailable; for non-bailable categories move under Section 483 BNSS before the Sessions Court), and preserve your own evidence — dashcam, CCTV, FasTag and GPS logs, the mechanical condition of the vehicle, and eyewitness details — before it is overwritten. The defence usually turns on disproving rashness/negligence or the causal link, contributory negligence of the victim, or mechanical failure, tested against the beyond-reasonable-doubt standard. If you are the complainant/victim, ensure a proper FIR and Detailed Accident Report are registered and that the chargesheet is filed, since these also support the MACT claim. Either way, engage an advocate promptly — the criminal trial and the compensation claim are best handled together so that evidence and strategy align.
FAQ
Frequently Asked Questions
What is the difference between the criminal case and the MACT claim after a road accident?
They are two separate proceedings. The MACT claim is a civil proceeding for monetary compensation, decided on the balance of probabilities. The criminal case is the State prosecuting the driver for the offence (now under the BNS — Sections 281, 125, 106), decided on proof beyond reasonable doubt. They run independently; an acquittal in the criminal case does not automatically defeat the compensation claim, though a conviction can strengthen the negligence finding before the Tribunal.
Which sections apply when a driver causes death in an accident?
Since 1 July 2024, causing death by a rash or negligent act not amounting to culpable homicide is punishable under Section 106(1) of the Bharatiya Nyaya Sanhita (up to 5 years and fine) — the successor to Section 304A IPC. If the driver flees without reporting, Section 106(2) (up to 10 years) is the designated provision, but it is presently kept in abeyance and not enforced. Where the driver acted with knowledge that death was likely, the charge can be elevated to culpable homicide not amounting to murder under Section 105 BNS.
Is rash or negligent driving a bailable offence?
The ordinary motor-accident offences — rash driving under Section 281 BNS and causing death by negligence under Section 106(1) — are bailable. Because they carry imprisonment of up to seven years, the police are not to arrest automatically: under Section 35 BNSS and the Supreme Court’s guidelines in Arnesh Kumar, the officer must record reasons and may instead issue a notice of appearance. Bail is generally available, and anticipatory bail may be sought where arrest is apprehended.
What must the prosecution prove to convict the driver?
The prosecution must prove, beyond reasonable doubt, that the accused was driving the offending vehicle, that the driving was rash or negligent, and that this was the direct and proximate cause of the death or injury. As held in Jacob Mathew, the negligence must be of a high (gross) degree for criminal liability, and the case cannot be decided solely by applying res ipsa loquitur — the burden remains on the prosecution.
Does high speed by itself prove rash driving?
No. Speed is only one circumstance. As explained in Ravi Kapur, rashness can exist even at a slow speed if the driving is reckless, and a bald assertion of “high speed” without evidence of the manner of driving does not by itself establish rashness or negligence. The court looks at the road, traffic, manner of overtaking, and the whole sequence of events.
How is drunk driving dealt with?
Driving under the influence of alcohol or drugs is separately punishable under Section 185 of the Motor Vehicles Act, 1988. Where intoxication leads to a fatal accident with knowledge of likely consequences, the courts have treated it as going beyond ordinary negligence — in Alister Anthony Pareira the Supreme Court upheld a conviction for culpable homicide not amounting to murder (Section 304 Part II IPC, now Section 105 BNS) in such circumstances.
Can the FIR or criminal proceedings be quashed?
In appropriate cases — for example where the parties have settled the civil aspect and the dispute is essentially private, or where the allegations do not disclose an offence — the High Court may quash the FIR or proceedings under Section 528 BNSS (the successor to Section 482 CrPC). However, courts are cautious in rash-driving death cases because the offence has a public dimension and is not purely private.
What sentence can a convicted driver expect?
It depends on the provision and the facts. Rash driving (S.281) carries up to 6 months; grievous hurt by a rash act (S.125(b)) up to 3 years; death by negligence (S.106(1)) up to 5 years. The Supreme Court has repeatedly stressed deterrence in such cases (Dalbir Singh, Saurabh Bakshi, Guru Basavaraj) and has set aside unduly lenient sentences (Dil Bahadur, 2023). Probation is not granted as a matter of course in death cases.
Is FasTag, CCTV or GPS data admissible in the criminal trial?
Yes. Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records — CCTV footage, FasTag logs, GPS data and digital photographs — are admissible subject to the conditions in Sections 61–63 BSA. Such evidence is increasingly used to establish the presence, identity and manner of driving of the offending vehicle. It is advisable to request preservation of this data early, before it is overwritten.
What should an accident victim or family do at the criminal stage?
Ensure the FIR accurately records the vehicle number, manner of accident and witnesses; obtain a copy of the FIR and MLC; preserve any CCTV/FasTag evidence; and keep the criminal record (FIR, chargesheet, conviction, if any) to support the MACT claim. The family can also seek victim compensation under Section 395/396 BNSS. For personalised guidance on a specific accident, an appointment may be sought from the firm.
Self-Assessment
Test Your Knowledge — Motor Accident (Criminal) Quiz
🚦 Motor Accident Trials (Criminal)
Glossary
Key Legal Terms
Rash act
An over-hasty act done without due care and caution, running the risk of dangerous consequences — distinct from a deliberate intention to cause harm.
Criminal negligence
Failure to exercise the duty of reasonable care and precaution; for criminal liability it must be gross (Jacob Mathew), not mere civil negligence.
Section 106(1) BNS
Causing death by a rash or negligent act not amounting to culpable homicide — up to 5 years and fine (successor to IPC Section 304A).
Section 281 BNS
Rash driving or riding on a public way endangering life — up to 6 months / ₹1,000 (successor to IPC Section 279).
Cognizable offence
An offence in which the police may register an FIR and investigate without prior permission of a Magistrate; the motor-accident offences are cognizable.
Bailable offence
An offence in which the accused has a right to be released on bail; rash driving and S.106(1) BNS are bailable.
Chargesheet (police report)
The final report filed by police under Section 193 BNSS after investigation, on the basis of which the Magistrate takes cognizance.
Res ipsa loquitur
‘The thing speaks for itself’ — a rule of evidence shifting the burden of explanation to the driver; in criminal cases it cannot, by itself, prove the offence.
Culpable homicide (S.105 BNS)
Where the rash act is done with knowledge that it is likely to cause death, the charge may be elevated from S.106(1) to culpable homicide not amounting to murder (old IPC 304 Part II).
Section 35 BNSS
Regulates arrest in offences punishable up to 7 years; reflects the Arnesh Kumar guidelines requiring reasons and permitting a notice of appearance instead of arrest.
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This is an informational guide and is reviewed periodically against the official sources cited above. If any provision appears outdated or an inadvertent error is noticed, it may be pointed out using the contact details on this page so that the content can be reviewed and corrected. Readers should verify the current statutory text and case law from authentic sources before relying on it.
