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

A few days ago in the city of Anandpur, Mr. Alok Sharma was driving his car when a distressing incident occurred. A group of young girls were walking along a pavement on Gulmohar Lane when a stray dog suddenly lunged at them. In the ensuing panic, two girls moved to the side, but one girl, named Priya, inadvertently ran onto the road, directly into the path of Mr. Sharma’s vehicle. Despite braking sharply, Priya collided with the car’s A-pillar and windshield.

Acting responsibly, Mr. Sharma immediately rushed Priya to the City General Hospital. Doctors treated a wound on the back of her head and performed a CT scan to rule out serious injuries. As is standard procedure for accident cases, the hospital prepared a Medico-Legal Case (MLC) report and sent an intimation to the local police station. Priya was kept under observation for two days before being discharged.

Since there were eyewitnesses and Priya’s friends had explained the situation, her family understood that Mr. Sharma was not at fault. Initially, they did not intend to pursue any legal action against him, and he voluntarily paid for all the hospital expenses. However, the family later mentioned the possibility of filing a First Information Report (FIR), not against Mr. Sharma, but to potentially claim compensation from the municipal corporation for incidents involving stray animals. The police informed them that filing an FIR would necessitate a formal case registration, after which the family decided not to proceed. They have assured Mr. Sharma that the matter is closed from their end.

Despite these assurances, Mr. Sharma is anxious about potential future legal complications. This is his first time dealing with such a situation, and he is concerned that a case might be filed against him months or even years later. He is unsure what to do about the police intimation from the hospital and how to secure his position legally before getting his car repaired at Reliable Auto Works.

Advice in such cases

Navigating the aftermath of a road accident can be stressful. Here are some crucial steps to take to protect your legal interests:

• Document Everything: Keep meticulous records of all events. Write down the sequence of events as you remember them. Preserve all receipts, especially hospital bills and payment proofs (like credit card statements). If possible, take photographs of the accident scene, vehicle damage, and any relevant road conditions.
• Gather Witness Information: If there are witnesses, try to get their names and contact details. Their statements can be invaluable in corroborating your version of events.
• Do Not Admit Fault: While it is important to be compassionate and provide immediate help to the injured, avoid making any statements that could be interpreted as an admission of guilt. Stick to the facts.
• Consider a General Diary (GD) Entry: Filing a GD entry at the local police station can be a proactive step. It officially records your version of the incident without initiating a criminal case, creating a defensive record for the future.
• Written Agreement: If both parties agree to settle the matter amicably, it is highly advisable to execute a written settlement or compromise deed. This document, signed by both parties and preferably witnessed, should state that the matter has been resolved and no further claims will be made.
• 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, several legal provisions may come into play under the new Indian laws:

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 108 of the BNS deals with causing hurt by an act endangering life or personal safety of others. If an accident is caused by a rash or negligent act, this section could be invoked. The punishment can include imprisonment for up to six months, a fine, or both.
• Motor Vehicles Act, 1988: This Act governs all aspects of road transport. Section 134 mandates that the driver of a vehicle involved in an accident causing injury to any person must provide all reasonable assistance, including securing medical attention, and report the incident to the police. Fulfilling this duty, as Mr. Sharma did, is viewed favourably. Section 161 provides for compensation in certain cases of hit and run, which is not applicable here but highlights the legal framework for accident compensation.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for criminal investigation. The police intimation from the hospital (MLC) is the first step. Based on this and any statements, the police decide whether to register an FIR under Section 173 of the BNSS.

If you are the complainant

If you are in the driver’s position and want to ensure you are legally protected, here are the steps to follow:

• File a General Diary (GD) Entry: Visit the local police station and file a detailed GD entry (also known as a station diary entry). State all the facts of the incident, including the role of the stray dog, your immediate actions to help the victim, and the fact that you have covered the medical expenses. This creates an official record of your account.
• Preserve All Evidence: Keep copies of the hospital bills, payment receipts, the victim’s medical reports (if possible), and photographs of your damaged vehicle. Note down the contact information of any witnesses.
• Obtain a Copy of the MLC: While you may not be given a copy directly, your lawyer can help in procuring the necessary documents from the police or court if a case is registered.
• Formal Settlement: The best course of action is to have a formal compromise deed drafted by a lawyer. This document should be signed by you and the victim’s family, stating that the matter has been settled amicably and they will not pursue any civil or criminal action in the future.
• 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 family member is the victim of such an accident, here are the steps to consider:

• Prioritize Medical Care: The first and foremost priority is to get immediate and thorough medical attention. Ensure all injuries are documented by the hospital in the Medico-Legal Case (MLC) report.
• Document Expenses: Keep a detailed record of all expenses incurred, including hospital bills, medication, transportation, and any future medical needs.
• Understand Your Rights: You have the right to file an FIR if you believe the driver was rash or negligent. You may also be entitled to compensation under the Motor Vehicles Act.
• Communicate Clearly: Have a clear conversation with the other party. If you decide to settle the matter, ensure all terms are understood and agreed upon.
• 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. An advocate can advise you on the merits of filing a case, the potential for compensation from the driver’s insurance or a Motor Accident Claims Tribunal (MACT), and help you negotiate a fair settlement.

How the police behave in such cases

Upon receiving an MLC from a hospital, the police are obligated to conduct a preliminary inquiry. An officer will likely visit the hospital to record the statement of the injured person and contact the other party involved. In cases like this, where the circumstances suggest an unfortunate accident rather than criminal negligence, and the driver has fulfilled their duty of care, the police are often amenable to a compromise. If the victim’s family states they do not wish to press charges and the matter has been settled, the police may close the inquiry after making a note in their records. However, if the family insists on filing an FIR, the police are bound to register it and proceed with a formal investigation as per the BNSS.

FAQs people normally have

Do I need to do anything about the intimation they sent to the police station?
The hospital’s intimation (MLC) to the police is a standard procedure. The police will conduct a preliminary inquiry. You should cooperate with them and present your side of the story factually. Filing a GD entry yourself can be a good counter-measure to put your version on record first.

What can I do to make sure that there won’t be an FIR/case in future?
The most effective way to prevent future legal action is to sign a formal, written “Compromise Deed” or “Settlement Agreement” with the victim’s family. This document, drafted by a lawyer and signed by both parties, will state that the matter has been fully and finally settled and that they relinquish their right to file any future civil or criminal case regarding this incident.

They mentioned something about GD, do I need to take that?
Yes, a General Diary (GD) entry is highly recommended. It is a formal record at the police station of your version of the events. It serves as crucial evidence that you proactively reported the incident and can help protect you from false allegations later.

What evidence is required?

Evidence is key for both parties. The most important pieces of evidence include:

• The Medico-Legal Case (MLC) report from the hospital.
• All medical bills and receipts for treatment.
• Photographs of the accident scene, damage to the vehicle, and the victim’s injuries (if appropriate).
• Statements from any eyewitnesses to the accident.
• Your credit card statement or other proof of payment for the hospital bills.
• A copy of the General Diary (GD) entry, if filed.
• A copy of the signed Compromise Deed, if executed.
• Any news reports or media coverage of the incident.

How long will the investigation take?

The duration depends entirely on the path the case takes. If no FIR is filed and the matter is closed after a preliminary inquiry based on a compromise, it could be over within a few days or weeks. If an FIR is registered, the police will launch a formal investigation. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides timelines for investigation, but the actual duration can vary depending on the complexity of the case, the collection of evidence, and the workload of the police. A simple accident case might be investigated within a few months, leading to a final report (chargesheet or closure report) being filed in court.

Advocate Sudhir Rao, Supreme Court of India