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

Mr. Verma was carefully executing a U-turn from an underpass cut in the city of Alipur when his car was suddenly struck by a motorcyclist, Mr. Singh. The collision happened so quickly that Mr. Verma was unsure of the exact sequence of events, but the impact caused Mr. Singh, who was not wearing a helmet, to fall and sustain a head injury. Immediately following the incident, a crowd gathered and became hostile, striking Mr. Verma’s car window and demanding he get out. Fearing for his safety, he remained in the vehicle.

Fortunately, Mr. Singh’s employer from a nearby establishment, “Apex Electronics,” intervened and calmly persuaded the crowd to disperse, assuring Mr. Verma that he would not be harmed if he took the injured man to the hospital. Mr. Verma complied, and they proceeded to a nearby medical facility. After a few hours in the emergency room, doctors confirmed that Mr. Singh’s injuries were not life-threatening. He received a few stitches, and a CT scan revealed no internal damage. Mr. Verma covered all the medical expenses and arranged for a taxi to take Mr. Singh and his employer home. They exchanged phone numbers, and while they did not discuss compensation for the damaged motorcycle, Mr. Verma intends to follow up and offer a reasonable amount. However, he is now deeply concerned about the potential for future legal action and the overall implications of this unfortunate event.

Advice in such cases

Navigating the aftermath of a road accident can be stressful and confusing. It is crucial to handle the situation with care to protect your legal rights.

• Stay Calm and Do Not Flee: Never leave the scene of an accident, especially when someone is injured. Fleeing can lead to severe criminal charges under the new hit-and-run laws.
• Provide Medical Assistance: Your first duty is to ensure the injured person receives immediate medical attention. Taking the victim to the hospital is not only a moral obligation but also a mitigating factor in legal proceedings.
• Inform the Police: It is generally advisable to inform the police about the incident. This creates an official record and can protect you from false allegations later.
• Document Everything: Take photos and videos of the accident scene, the position of the vehicles, any visible injuries, and damage to property. Note down the time, date, and location of the accident.
• Exchange Information: Share your name, contact details, and insurance information with the other party involved. Obtain their details as well.
• Do Not Admit Fault: In the heat of the moment, avoid making statements that admit guilt. The determination of fault is a legal matter that depends on a thorough investigation of the facts.
• 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 cases of road accidents involving injury, several provisions of Indian law may be invoked:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This new penal code replaces the Indian Penal Code (IPC). Relevant sections include:
  • Section 117 of BNS: This section pertains to causing hurt by an act that endangers the life or personal safety of others. If charged under this, the punishment can be imprisonment for up to six months, a fine, or both.
  • Section 118 of BNS: If the injury is deemed “grievous hurt,” this section applies, carrying a more severe punishment of imprisonment for up to three years, a fine, or both.
  • Section 106(1) of BNS: In the tragic event of a death, this section addresses causing death by a rash or negligent act. If the accused reports the incident to the police or a magistrate immediately, the punishment is imprisonment of up to five years and a fine. Section 106(2) applies to hit-and-run cases where the accused escapes without reporting, which carries a much stricter penalty.
• Motor Vehicles Act, 1988: This Act governs road transport vehicles. It includes provisions for mandatory third-party insurance, compensation for accident victims through the Motor Accidents Claims Tribunal (MACT), and penalties for traffic violations like not wearing a helmet.

If you are the complainant

If you are the driver involved in the accident (like Mr. Verma), you may find yourself as the accused in a police case. Here is how to proceed:

• Do Not Panic: Receiving a notice from the police or court can be intimidating, but it is a standard part of the legal process.
• Gather Your Evidence: Compile all the evidence you collected at the scene, including photos, contact details of any witnesses, and receipts for medical expenses you paid.
• Anticipatory Bail: If you fear arrest, your lawyer may advise you to apply for anticipatory bail from the Sessions Court or High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Cooperate with the Investigation: Provide your statement to the police truthfully. Your cooperation can be viewed favorably.
• 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 are the injured party (like Mr. Singh), you have specific rights and remedies available:

• Prioritize Medical Treatment: Your health is the top priority. Ensure you get a detailed medical examination and preserve all medical records and bills, as these are crucial for legal claims.
• File a First Information Report (FIR): Go to the nearest police station and file an FIR against the driver of the vehicle. This is the first step to initiating a criminal investigation.
• Claim for Compensation: You can file a claim for compensation at the Motor Accidents Claims Tribunal (MACT). This claim can cover medical expenses, loss of income, pain and suffering, and damages to your property (the motorcycle).
• Preserve Evidence: Keep records of all expenses incurred, including medical bills, travel costs, and repair estimates for your vehicle.
• 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

When an accident is reported, the police typically follow a standard procedure. They will register an FIR based on the victim’s complaint. An Investigating Officer (IO) is assigned to the case, who will visit the accident spot, prepare a site map, and seize the vehicles involved for mechanical inspection. Statements from the victim, the accused, and any eyewitnesses will be recorded. Based on the evidence collected, including medical reports, the police will file a final report or “chargesheet” in court if they find sufficient grounds to prosecute the driver.

FAQs people normally have

People involved in road accidents often have many questions. Here are some common ones.

What evidence is required?

The most critical pieces of evidence in a road accident case are:

• Photographs and videos of the accident scene and vehicle damage.
• The Medico-Legal Certificate (MLC) and all other medical reports of the injured person.
• Statements of eyewitnesses.
• CCTV footage from nearby buildings, if available.
• The mechanical inspection report of the vehicles involved.

How long will the investigation take?

The duration of a police investigation can vary depending on the complexity of the case. However, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are mandated to complete the investigation and file a chargesheet in court, typically within 60 to 90 days from the registration of the FIR, depending on the severity of the alleged offense.

Advocate Sudhir Rao, Supreme Court of India