If you are stuck in such a situation, here is what to do.

Ms. Anjali was driving her car on a relatively quiet road on the outskirts of the city of Anantpur. Suddenly, a man, Mr. Vikram, who was having a heated argument with his companions on the pavement, ran onto the road and stood in front of her car with his arms outstretched. It appeared to be an intentional act, possibly stemming from his distressed state.

Anjali braked hard and swerved, but the corner of her vehicle still made contact with Mr. Vikram, who fell to the ground and seemed to lose consciousness. His friends immediately rushed to his side. They acknowledged to Anjali that their friend had deliberately jumped in front of the car and that it wasn’t her fault. They asked her to help transport him to a hospital, but feeling apprehensive about potential false accusations, she declined. Instead, she assisted them in carrying Mr. Vikram to their own vehicle. Now, she is worried about the potential legal consequences she might face.

Advice in such cases

• Stay at the Scene: Never flee the scene of an accident. It is a serious offence.
• Inform the Police: Immediately dial 112 and report the incident. Clearly state your location and the circumstances.
• Arrange Medical Aid: Even if you feel you are not at fault, it is your duty to ensure the injured person receives medical attention. Call for an ambulance or inform the police to do so.
• Gather Evidence: If it is safe, take pictures or videos of the scene, the position of the car, and any visible injuries. If there are witnesses, get their names and contact numbers. Their testimony can be crucial.
• Do Not Admit Fault: Be cooperative with the police, but do not admit guilt or make any promises of payment. State the facts as they happened.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In such incidents, the police may invoke the following sections of the Bharatiya Nyaya Sanhita, 2023 (BNS):

• Section 106(1) of BNS – Causing death by negligence: This is the most serious charge in accident cases resulting in death. However, for this to apply, the prosecution must prove a rash and negligent act on the part of the driver. If the pedestrian’s act was intentional, proving negligence becomes difficult for the prosecution.
• Section 106(2) of BNS – Hit and Run: This new provision imposes a stringent punishment if a driver escapes from the scene without reporting the incident to a Police officer or a Magistrate soon after. In Anjali’s case, since she stayed and interacted with the friends, a prompt report to the police would absolve her of this charge.
• Sections 337 and 338 of BNS – Causing Hurt or Grievous Hurt by Act Endangering Life: These sections may be applied depending on the severity of the injuries. The key element is a “rash or negligent act.” The driver’s defence would be that the act was not hers, but the victim’s.

If you are the complainant

If you are the driver in this scenario and fear being falsely implicated, you are essentially the complainant regarding the circumstances of the accident.

• File a Detailed Statement: When the police arrive, or when you go to the station, provide a detailed written statement explaining exactly what happened. Emphasise the intentional nature of the pedestrian’s actions and the fact that his friends acknowledged it at the scene.
• Preserve Your Evidence: Secure any dashcam footage immediately. Keep the contact details of the witnesses safe. This evidence will form the basis of your defence.
• Anticipatory Bail: If you apprehend that you may be arrested based on a false complaint, you can file for anticipatory bail in the Sessions Court or High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the pedestrian who was injured, or their family, these are the steps to follow:

• Seek Medical Treatment: The first priority is to get medical care for the injuries sustained. Keep all medical reports, prescriptions, and bills safe as they are crucial for legal proceedings.
• File an FIR: Lodge a First Information Report (FIR) at the nearest police station, detailing the incident from your perspective.
• Motor Accident Claims Tribunal (MACT): Regardless of the criminal case, the injured person or their family can file a claim for compensation before the MACT under the Motor Vehicles Act.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Typically, in any road accident involving a vehicle and a pedestrian, the police have a standard procedure. They will likely register an FIR against the driver of the vehicle, as the driver is presumed to be in control. They will visit the scene, draw a site map (mahazar), and may seize the vehicle for a mechanical inspection to rule out brake failure or other defects. Statements from all parties—the driver, the victim (if able to speak), and witnesses—will be recorded. The investigation’s outcome will heavily depend on the evidence and witness testimonies. If evidence strongly suggests the victim was at fault, the police may file a final report closing the case against the driver.

FAQs people normally have

• What if the friends who initially supported my story change their statement later to favour their friend?
  

  This is a real possibility. This is why it is critical to report the incident to the police immediately and mention the witnesses’ initial reactions in your statement. If you have any independent evidence like dashcam footage or other third-party witnesses, it becomes invaluable. A lawyer can help challenge the credibility of witnesses who change their statements.

  
  
• Was I wrong to refuse to take the injured person to the hospital in my car?
  

  While there is a moral duty to help, your legal duty under Section 106(2) of the BNS is to ensure the incident is reported to the police. Refusing to use your personal vehicle, especially out of a genuine fear for your safety or of being falsely implicated, is understandable. The key is that you did not abandon the scene and ensured that the person could be taken for medical care by his friends.

  
  
• Will I be arrested immediately?
  

  Arrest is not automatic. For offences punishable with less than seven years of imprisonment, the police are required to issue a notice of appearance under Section 35 of the BNSS and not arrest mechanically. Since Anjali did not flee the scene, and given the circumstances, immediate arrest is unlikely, provided she cooperates with the investigation.

  
  

What evidence is required?

• Dashcam Footage: This is the most powerful evidence in such cases.
• Witness Testimony: Statements from independent bystanders are crucial. The initial statements of the victim’s friends are also important, even if they retract them later.
• Photographs/Videos: Pictures of the accident scene, damage to the car, and the road conditions can help reconstruct the event.
• Police Reports: The FIR and the final investigation report are key documents.
• Mechanical Inspection Report: A report confirming your vehicle was in good working order can help negate claims of mechanical failure.

How long will the investigation take?

A police investigation into a road accident can take anywhere from a few weeks to several months. The timeline depends on factors like the severity of the injuries, the complexity of the case, the availability of witnesses, and the forensic reports (like the vehicle inspection report). After the investigation is complete, the police will file a final report (either a chargesheet or a closure report) in the concerned court.

Advocate Sudhir Rao, Supreme Court of India