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

Let’s consider a distressing hypothetical situation. Mr. Alok Verma is driving his car on the Agra-Lucknow Expressway late at night. Without warning, a large truck, lacking a visible number plate, collides with his car from the rear with great force and then speeds away into the darkness. The impact is severe, and tragically, a passenger in Mr. Verma’s car, Mrs. Priya Singh, does not survive. The police are called to the scene, and they are now faced with a hit-and-run case that has resulted in a fatality. This scenario raises several critical legal questions about the investigation, the potential charges, and the evidence required for conviction.

Advice in such cases

Navigating the aftermath of such a traumatic event is incredibly difficult. The primary focus should be on seeking medical help and informing the authorities. It is crucial to provide the police with every detail you can recall, no matter how insignificant it may seem. Details like the truck’s color, any visible markings or logos (e.g., “Apex Cargo Movers”), the direction it fled, and the approximate time can be vital leads for the investigation.

• 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 resolve in 7-10 days.

Applicable Sections of Law

In such a case, several provisions of Indian law come into play, primarily under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Motor Vehicles Act, 1988.

• Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS): This is a new and stringent provision specifically for hit-and-run cases. It states that whoever causes death by any rash or negligent act not amounting to culpable homicide, and escapes from the scene without reporting it to a Police officer or a Magistrate soon after the incident, shall be punished with imprisonment of up to ten years, and shall also be liable to a fine.
• Section 103 of the Bharatiya Nyaya Sanhita, 2023 (BNS): If the investigation reveals that the collision was not an accident but a deliberate act with the intention of causing death, the charge could be elevated to murder. This would require substantial evidence to prove intent.
• Motor Vehicles Act, 1988: Alongside the criminal proceedings, the victim’s family can file a claim for compensation before the Motor Accidents Claims Tribunal (MACT). Section 161 of the Act provides for compensation in cases of hit-and-run motor accidents.

If you are the complainant

As the complainant or the victim’s family, your role is crucial in initiating the legal process.

• File an FIR: The first step is to file a First Information Report (FIR) at the nearest police station. Provide a detailed account of the incident.
• Cooperate with the Police: Share all information and potential evidence you have. This includes names of any potential witnesses, details of the vehicle, and the sequence of events.
• Follow Up: Stay in touch with the Investigating Officer (IO) to get updates on the progress of the investigation.
• MACT Claim: Engage a lawyer to file a claim for compensation under the Motor Vehicles Act. This is a separate proceeding from the criminal case and can run concurrently.

If you are the victim

If you are the accused driver in such a case, you have certain legal rights. Upon being identified and apprehended, you are entitled to be informed of the grounds of your arrest. You have the right to consult a lawyer of your choice. It is imperative not to make any statement to the police without legal counsel. Even if you were intoxicated, your confession alone is not the end of the matter. The prosecution must still build a case and prove the charges beyond a reasonable doubt in court.

How the police behave in such cases

The odds of the police finding the culprit in a hit-and-run depend heavily on the evidence available. In the modern era, they have several tools at their disposal:

• Investigation: Police will immediately secure the accident spot and look for physical evidence like paint chips or broken parts from the fleeing truck.
• Technical Surveillance: They will scan CCTV footage from toll plazas, petrol pumps, and restaurants along the highway. FASTag data is a powerful tool to track commercial vehicles.
• Witnesses: Police will try to locate eyewitnesses, such as other drivers or workers at nearby establishments.
• Further Investigation: To answer the question of whether the police would investigate further after a confession, the answer is yes. A confession of drunk driving and causing the accident is a starting point, not an end. The police are duty-bound to investigate thoroughly to rule out any other possibilities, including murder. They will corroborate the confession with evidence from the scene, forensic reports, and witness statements to build a solid case for the prosecution. They need to ensure the confession was not made under duress and that it aligns with the facts.

FAQs people normally have

Here are some common questions that arise in these situations.

What evidence is required?

If the police suspect the incident was a premeditated murder disguised as an accident, they need to prove “mens rea” or the guilty mind (intent). The standard of proof is very high. They would require strong evidence, which could include:

• Motive: Establishing a reason for the murder, such as a business rivalry, personal enmity, insurance fraud, or a family dispute.
• Circumstantial Evidence: This forms the backbone of such cases. It includes call detail records (CDR) showing communication between the suspect and the victim or other conspirators, evidence of prior threats, or unusual financial transactions.
• Forensic Evidence: An accident reconstruction expert’s report could show that the nature of the impact was inconsistent with a typical rear-end collision and was instead a deliberate ramming. Forensic analysis of both vehicles might reveal clues.
• Technical Evidence: GPS data from the truck could show it was stalking the victim’s car or lying in wait.

How long will the investigation take?

The duration of the investigation can vary significantly. A straightforward hit-and-run case where the driver is identified quickly through CCTV or FASTag might see a chargesheet filed within 60 to 90 days, as stipulated under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). However, if the case involves tracing a vehicle with no number plate or evolves into a complex murder investigation, it can take many months or even longer to gather sufficient evidence before the case is put to trial.

Advocate Sudhir Rao, Supreme Court of India