If you are stuck in such a situation, here is what to do.
In a bustling neighborhood in the city of Alipur, Mr. Sharma was returning from a local store with his young son, Aarav. As they were about to cross a lane, a hatchback car, driving recklessly, took a sharp turn and grazed Aarav, causing him to fall. The driver glanced back for a moment before speeding away. Thankfully, Aarav only suffered minor scratches and bruises, but the incident left him deeply shaken. His older sister, Meera, retrieved CCTV footage from a nearby shop which clearly captured the car's registration number. She urged her father to report the incident, concerned about the driver's blatant disregard for safety. However, Mr. Sharma, relieved that his son was not seriously hurt, was reluctant, saying, "Let it go, nothing serious happened." Meera is now in a dilemma, worried that the driver's impunity could lead to a more severe accident in the future and seeking guidance on how to proceed on her own to ensure accountability.
Advice in such cases
When you witness or are involved in a hit-and-run, especially involving a minor, the emotional turmoil can be overwhelming. It is crucial to act decisively and logically.
- Prioritize Medical Care: Even if injuries seem minor, get a medical check-up immediately. This creates a Medico-Legal Certificate (MLC), which is vital evidence.
- Secure Evidence: Note down the vehicle's registration number, make, model, and color. Look for CCTV cameras in the vicinity and request the footage. Talk to any eyewitnesses and take down their contact details.
- Report to the Police: Do not delay in reporting the incident to the nearest police station. Filing a First Information Report (FIR) is the first legal step to initiate an 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 resolved much faster than you think.
Applicable Sections of Law
In India, hit-and-run cases are governed by the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act, 1988. The new laws have introduced stricter provisions.
- Section 104 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with causing hurt by any act so rash or negligent as to endanger human life or the personal safety of others.
- Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS): This is a stringent provision specifically for hit-and-run cases. It states that whoever causes death by rash and negligent driving and escapes without reporting it to a police officer or a Magistrate soon after the incident shall be punished with imprisonment which may extend to ten years, and shall also be liable to a fine. While this applies to fatal accidents, it underscores the gravity with which the law treats the act of fleeing the scene.
- Motor Vehicles Act, 1988: Various sections of this act cover rash driving, duties of a driver in case of an accident, and provisions for compensation, including a scheme for hit-and-run victims.
If you are the complainant
Even if the primary guardian is hesitant, as a concerned family member, you can initiate legal proceedings, especially when a minor is the victim and is traumatized.
- File the Complaint: You have the right to go to the police station and file an FIR. The police cannot refuse to register it for a cognizable offense like this. Clearly state all the facts, including the vehicle number and the fact that the driver fled the scene.
- Persist with the Process: Family reluctance should not deter you from seeking justice and ensuring such reckless behaviour is penalised. Your action can prevent future incidents.
- 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 or your loved one is a victim of a hit-and-run, your immediate actions are crucial for both health and legal recourse.
- Seek Immediate Medical Attention: Your health is the top priority. Go to a hospital and ensure a Medico-Legal Certificate (MLC) is prepared. This document officially records your injuries and their cause, serving as crucial evidence.
- Lodge an FIR: As soon as possible, you or someone on your behalf must file an FIR at the local police station. Provide all details of the accident, the vehicle (if known), and the driver's action of fleeing.
- Preserve All Records: Keep all medical bills, prescriptions, reports, and any other expenses incurred due to the accident. These are important for claiming compensation.
- 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
Police response can vary. In cases with minor injuries, they might seem dismissive due to their heavy workload. However, a hit-and-run is a serious offense, and they are legally bound to register an FIR if the information discloses a cognizable crime. If the police at the station are uncooperative, you can approach a senior officer, like the Superintendent of Police (SP). Alternatively, under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), you can file a complaint directly with a Magistrate, who can then order the police to register the FIR and investigate.
FAQs people normally have
Can I file a complaint if the victim's parents do not want to?
Yes. Any person who is aware of the commission of a cognizable offense can report it to the police. You do not have to be the victim or their legal guardian to file an FIR.
How can I find the owner's details from the car number?
Once you file an FIR, the police will use the registration number to trace the vehicle's owner through the Regional Transport Office (RTO) database. You can also find basic details on the VAHAN portal online, but the police investigation will formally identify the owner and driver.
What if the driver was a hired employee?
The owner of the vehicle is vicariously liable for the actions of their driver during the course of employment. Both the driver and the owner can be held accountable in the investigation and any subsequent legal proceedings.
What evidence is required?
To build a strong case, the following evidence is crucial:
- First Information Report (FIR): The foundational document of the criminal case.
- Medico-Legal Certificate (MLC): Medical proof of the injuries sustained.
- CCTV Footage: Visual evidence of the incident is extremely powerful.
- Eyewitness Testimonies: Statements from people who saw the accident.
- Photographs: Pictures of the victim's injuries, the accident location, and any vehicle damage.
- Vehicle Details: The registration number is key to tracing the accused.
How long will the investigation take?
The duration of an investigation is not fixed. Tracing the owner from a registration number is a relatively quick process for the police. However, the overall investigation, which includes identifying the person driving the car at the time, gathering all evidence, and filing a chargesheet, can take a few weeks to several months. The timeline depends on the complexity of the case, the availability of evidence, and the workload of the investigating agency. Following up with the police and having a lawyer oversee the process can help ensure it moves forward efficiently.
Advocate Sudhir Rao, Supreme Court of India