One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Recently, Mr.X’s relative was involved in a serious hit-and-run incident in City A. While crossing the road, the victim was struck at high speed by a motorcyclist who fled the scene immediately. The victim sustained significant leg injuries and was rushed to the hospital by a Good Samaritan. The family approached me seeking legal recourse against the unknown perpetrator. The incident occurred in broad daylight with several witnesses present. CCTV cameras in the vicinity captured partial footage of the incident. The victim required multiple surgeries and extensive medical treatment. The family was devastated not only by the physical trauma but also by the mounting medical expenses and the perpetrator’s escape from responsibility.

Advice in Such Cases

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 to 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.

File FIR immediately at the nearest police station with all available details. Collect and preserve all medical records, hospital bills, and treatment documents. Gather witness statements and contact information promptly before memories fade. Check for CCTV footage in the area and request preservation from authorities or private establishments.

Applicable Sections of Law

Hit-and-run cases fall under several provisions of the Bharatiya Nyaya Sanhita (BNS). Section 125 BNS covers voluntarily causing grievous hurt. Section 281 BNS deals with rash or negligent driving endangering human life. Section 106 BNS applies to causing death by negligence in fatal cases. Under BNSS, Section 173 governs the investigation procedure, while Section 154 covers FIR registration. The Motor Vehicles Act also provides additional remedies for compensation through insurance claims.

If You Are the Complainant

• File FIR within 24 hours providing maximum details about the incident and perpetrator
• Obtain certified copies of all medical records and maintain detailed expense records
• Coordinate with investigating officer and provide all evidence promptly
• Apply for victim compensation under state victim compensation schemes
• Consider filing civil suit for damages if criminal case doesn’t provide adequate relief

If You Are the Victim

• Seek immediate medical attention and ensure all injuries are properly documented
• Preserve all clothing worn during incident as potential evidence
• Note down every detail you remember about the incident and perpetrator immediately
• Keep detailed records of all medical expenses, lost wages, and rehabilitation costs
• Cooperate fully with police investigation while maintaining copies of all documents

How the Police Behave in Such Cases

Police typically register FIR under BNS sections and conduct scene investigation. They collect CCTV footage, record witness statements, and check nearby hospitals for the accused if injured. Traffic police may assist in vehicle identification through technical analysis. Investigation includes checking registration databases and coordinating with neighboring police stations. However, police resources may be limited for extensive investigation unless case involves serious injuries or fatalities.

FAQs People Normally Have

Can compensation be claimed if accused is not caught? Yes, state victim compensation schemes provide relief even when accused remains unidentified.

What if there’s no CCTV footage? Cases can proceed based on witness testimony, medical evidence, and circumstantial evidence.

How long does investigation typically take? Usually 2-6 months depending on evidence availability and case complexity.

Can insurance claim be made? Yes, own insurance or Motor Accident Claims Tribunal can provide compensation.

What Evidence Is Required?

• Medical records including injury reports, X-rays, surgery details, and treatment history
• Hospital bills, medicine receipts, and all treatment-related expenses
• Witness statements with contact details and identity proof
• CCTV footage from incident location and surrounding areas
• Police panchnama, spot map, and investigation reports
• Photographs of injuries, accident scene, and damaged property
• Vehicle fragments, paint scrapes, or other physical evidence from scene

How Long Will the Investigation Take?

Hit-and-run investigations typically take 2-6 months depending on evidence availability. Cases with clear CCTV footage and witnesses resolve faster. Complex cases requiring technical analysis or inter-state coordination may take 8-12 months. Police usually file chargesheet within 90 days if accused is identified. Court proceedings can extend 1-3 years depending on case complexity and evidence quality.

Advocate Sudhir Rao, Supreme Court of India