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.
Rohan Verma, a salaried professional from Gomti Nagar, Lucknow, was driving his recently purchased second-hand Maruti Suzuki Swift through a busy crossing late on the night of 18 February 2025. Two minors, both aged fifteen, were on a motorcycle that struck Rohan's car on the driver's side in a T-bone impact. One of the minors, who was driving the motorcycle, passed away shortly afterward; the other sustained a leg injury. The police filed an FIR against Rohan under Section 106(1), Section 125(a), and Section 281 of the Bharatiya Nyaya Sanhita.
The mechanical inspection report told a clear story. The right-hand side of Rohan's car was completely damaged, both right-side airbags had deployed, yet the front of the car was entirely intact — consistent with a lateral impact from the motorcycle, not a frontal collision caused by Rohan. Making matters worse, the car was left at the scene overnight and sustained additional damage by morning. The police FIR, however, recorded that the minors were allegedly stationary at the crossing rather than riding.
The vehicle was still registered in the previous owner's name, carried valid insurance, but the fitness certificate had lapsed on 19 January 2025, though Rohan had applied for renewal on 14 January 2025. A MACT (Motor Accident Claims Tribunal) notice arrived soon after. Rohan had initially consulted a local general practice advocate, but the procedural complexity of a simultaneous criminal defence and MACT response left both him and his earlier counsel uncertain. He then approached Advocate Sudhir Rao. A focused, evidence-led strategy — anchoring on the mechanical report, the airbag deployment pattern, CCTV footage from a nearby Reliance Smart Point outlet, and a detailed challenge to the FIR's factual narrative — significantly strengthened Rohan's position before the Tribunal and the criminal court.
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.
Secure all physical and digital evidence immediately: Preserve the mechanical inspection report, airbag deployment records, photographs of the vehicle, CCTV footage from nearby establishments, and any dashcam recordings. Don't allow this evidence to be lost or overwritten. Time-sensitive material disappears fast.
Do not make any statements to police without counsel present: Anything you say can and will be used against you. Politely assert your right to remain silent until your advocate is present. And here's the thing — even a casual, well-meaning remark to an officer at the scene can find its way into the chargesheet.
Respond to the MACT notice without delay: A MACT notice carries strict procedural timelines. Missing a response deadline can lead to ex-parte orders and significant compensation awards against you. File a written response through your advocate as soon as the notice is received.
Cases involving both a criminal FIR and a MACT claim running simultaneously are procedurally demanding. The evidentiary approach in a Tribunal is different from that in a criminal court, and the two proceedings can affect each other in ways that catch unprepared litigants off guard. Advocates who regularly handle accident litigation and MACT matters are better placed to coordinate the defence across both forums. A general practitioner unfamiliar with these specific forums may miss critical procedural steps.
Applicable Sections of Law
- Section 106(1), Bharatiya Nyaya Sanhita (BNS): Causing death by negligence — applicable where death results from a rash or negligent act not amounting to culpable homicide.
- Section 125(a), BNS: Act endangering life or personal safety of others — covers rash driving or riding on a public way.
- Section 281, BNS: Rash driving or riding on a public way — a standalone offence for dangerous operation of a vehicle.
- Section 166, Motor Vehicles Act, 1988: Governs the filing of a claim petition before the Motor Accident Claims Tribunal by the victim or their legal representatives.
- Section 196, Motor Vehicles Act, 1988: Penalties for using a vehicle without a valid fitness certificate — relevant to the lapsed fitness issue.
Punishment and Penalties
- Section 106(1) BNS: Imprisonment up to five years and a fine. Where the accused flees the scene (hit-and-run), punishment rises to up to ten years and a fine.
- Section 125(a) BNS: Imprisonment up to three months, or a fine up to Rs. 2,500, or both.
- Section 281 BNS: Imprisonment up to one year, or a fine up to Rs. 1,000, or both.
- Nature of offences: Section 106(1) is cognizable and non-bailable. Sections 125(a) and 281 are cognizable and bailable. Section 106(1) is non-compoundable.
Jurisdiction — Where to File the Case
Jurisdiction matters. Get it wrong and you've wasted weeks, sometimes months, on a correctable filing error. The criminal case under Sections 106(1), 125(a), and 281 BNS is triable by a Judicial Magistrate First Class in the city where the accident occurred. Territorial jurisdiction rests with the police station within whose limits the accident took place — in this instance, the relevant police station in Lucknow. The MACT claim is filed before the Motor Accident Claims Tribunal having jurisdiction over the area of the accident or where the claimant resides, as provided under Section 166(2) of the Motor Vehicles Act, 1988. Now, before you act, confirm with your advocate which Tribunal bench is currently functional in your district — this is a practical detail that can save you an unnecessary adjournment on day one.
What if Police Refuse to File FIR?
In accident cases, the FIR is typically filed by police suo motu. But if you're the victim or a witness and police refuse to register a complaint, here's what you can do:
- Submit a written complaint to the Superintendent of Police under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing the Station House Officer to register the FIR.
- File a private complaint directly before the concerned Judicial Magistrate under Section 175(3) BNSS, who can direct the police to investigate.
- Approach the High Court by filing a writ petition under Article 226 of the Constitution as a last resort, particularly in cases of clear inaction.
- Document every refusal in writing — dates, names of officers, and the reason given — as this record supports your application before the Magistrate or the High Court.
Rights of the Accused
- Right against self-incrimination: Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against himself. You're not required to answer questions that may incriminate you.
- Right to legal representation: Article 22(1) guarantees every arrested person the right to consult and be defended by an advocate of their choice.
- Right to be produced before a Magistrate within 24 hours: Under Section 57 BNSS, an arrested person must be presented before the nearest Magistrate within twenty-four hours of arrest, excluding travel time.
- Right to receive a copy of the FIR: The accused is entitled to a copy of the FIR and must be informed of the grounds of arrest at the time of arrest.
- Right to default bail: Under Section 187 BNSS, if the chargesheet is not filed within the prescribed period, the accused is entitled to bail by default.
Bail Provisions
Section 281 BNS and Section 125(a) BNS are bailable offences — bail can be obtained at the police station itself as a matter of right. Section 106(1) BNS is non-bailable, meaning bail must be applied for before a Magistrate or Sessions Court. Regular bail under Section 480 BNSS can be applied for before the Magistrate. If there's an apprehension of arrest before any FIR is filed or expanded, anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or High Court. Frankly, in fatality cases, I'd always advise filing for anticipatory bail early rather than waiting to see what happens. Typical bail conditions include surrendering the passport, appearing before the investigating officer as directed, and not tampering with witnesses. In Arnesh Kumar v. State of Bihar, 2014, the Supreme Court laid down guidelines that discourage automatic arrests in cases punishable with less than seven years — a principle directly relevant here.
Quashing of FIR / Case
The High Court holds inherent powers under Section 528 BNSS to quash an FIR where continuation of proceedings would amount to an abuse of the process of court, or where no prima facie offence is made out on the face of the FIR. In this type of accident case, quashing may be a viable strategy if the mechanical evidence and CCTV footage conclusively establish that the deceased minor's vehicle struck the accused's car and not the other way around. The Supreme Court in State of Haryana v. Bhajan Lal, 1992, set out categories of cases where quashing is appropriate, and a strong forensic case on the physical evidence may qualify. Compounding under Section 106(1) is not available since the offence is non-compoundable.
If You Are the Victim
- File a claim petition before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988, as soon as possible — there's no strict limitation under the Act, but delays can affect the strength of your evidence.
- Obtain a certified copy of the FIR, post-mortem report (if applicable), medical records, and disability certificate from the treating hospital immediately.
- Insist on a spot panchanama and photographs of the accident scene being part of the official record — follow up with the investigating officer in writing.
- Engage a MACT-experienced advocate who can quantify compensation heads correctly, including loss of dependency, pain and suffering, and medical expenses, as laid down in National Insurance Co. Ltd. v. Pranay Sethi, 2017.
- Don't accept any out-of-court settlement offer without fully understanding its implications — settlements that look adequate initially often fall short of Tribunal awards.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the accused or claimant
- Vehicle Registration Certificate (RC) — including details of the previous owner if the vehicle was recently purchased
- Motor insurance policy document and certificate of insurance
- Fitness certificate and renewal application acknowledgment with date stamp
- Driving licence of the accused
- Mechanical inspection report and airbag deployment records
- FIR copy, spot panchanama, and inquest report
- CCTV footage from the accident site and nearby establishments (secured and preserved promptly)
- Photographs of the vehicle damage taken immediately after the accident
What Evidence Is Required?
- Mechanical inspection / surveyor report: Primary evidence establishing the direction and point of impact — critical in determining which vehicle was the aggressor.
- Airbag deployment pattern: Technical evidence confirming the lateral nature of the impact, inconsistent with frontal rash driving by the accused.
- CCTV footage: Secondary but highly persuasive evidence. Footage from nearby commercial establishments, traffic cameras, or ATM cameras can reconstruct the sequence of events.
- Spot panchanama: Official map and measurements of the accident scene prepared by police — must be scrutinised for accuracy.
- Witness statements: Eyewitness accounts, particularly from independent bystanders, carry significant weight before the Tribunal and the criminal court.
- Post-mortem and medical reports: Establish cause of death and nature of injuries — necessary for both criminal proceedings and MACT compensation calculation.
- Expert witness testimony: An accident reconstruction expert can present a technical opinion on vehicle speeds, impact angles, and road conditions.
How the Police Behave in Such Cases
Make no mistake — in road accident cases involving a fatality, the default police response is to file an FIR against the surviving driver. This is partly procedural and partly driven by pressure from the victim's family. Investigating officers may record the spot panchanama hastily, sometimes without accurately noting skid marks, debris positions, or signal statuses. Witness statements recorded under Section 180 BNSS are frequently taken from individuals sympathetic to the deceased's family. And here's the thing: physical evidence left overnight at the scene is vulnerable to tampering, as Rohan's own case demonstrated. Push your advocate to seek certified copies of every document the police collect and to flag discrepancies early — delays in challenging inaccurate records make them harder to contest later.
Timeline of Legal Process
- FIR filing: Already done — typically within hours of the accident. (Day 0)
- Arrest and bail application: Within the first few days — anticipatory or regular bail should be secured promptly. (Week 1)
- Police investigation: Typically concludes within 60 to 90 days, after which the chargesheet is
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.