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

Mr. Sameer was carefully driving his sedan through the city of Janakpuri late one evening. Suddenly, a motorcycle moving erratically at high speed swerved and collided with his car, causing significant damage to the driver-side door and fender. The police were called to the scene. They conducted breathalyzer tests on both Mr. Sameer and the biker, Mr. Alok. The results were clear: Mr. Sameer had zero alcohol in his system, while Mr. Alok’s Blood Alcohol Content (BAC) was found to be 95mg/100ml, well over the legally permissible limit of 30mg/100ml. An accident case was registered, and both vehicles were taken to the local traffic police station for inspection. The police officer instructed Mr. Sameer to come to the station the following morning to file a formal complaint and proceed with the legal formalities to get his car released.

Advice in such cases

Navigating the aftermath of an accident can be stressful. Here is some general advice to handle the situation effectively:

• Remain Calm and Cooperative: Your calm demeanor will help you think clearly and cooperate effectively with the police. Provide them with a factual and honest account of the incident.
• Document Everything: Take pictures and videos of the damaged vehicles, the accident location, and any visible injuries. Note down the names and contact details of any witnesses.
• Do Not Settle on the Spot: Avoid any informal settlement offers from the other party at the scene, especially when a serious offense like drunk driving is involved. Let the legal process take its course.
• 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 a scenario like this, several laws come into play. The accused can be charged under the following provisions:

• Section 106 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with causing hurt by an act endangering life or personal safety of others. Driving under the influence is a clear example of such a rash and negligent act.
• Section 323 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to mischief causing damage. The damage caused to your vehicle falls under this category.
• Section 185 of the Motor Vehicles Act, 1988: This is the primary section for driving under the influence of alcohol or drugs. It prescribes penalties, including imprisonment and fines, for driving with a BAC exceeding the legal limit.

If you are the complainant

As the person filing the complaint, you are the key to initiating the legal process against the offender. Here are the steps you should take:

• File a Detailed FIR: Go to the police station and file a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Narrate the entire incident in chronological order. Mention that the other driver was intoxicated, and this was confirmed by a medical test.
• Submit All Evidence: Provide the police with all the evidence you have collected, including photographs, witness details, and your own documents (driving license, vehicle registration, insurance).
• Obtain a Copy of the FIR: The police are obligated to provide you with a free copy of the FIR. This document is crucial for insurance claims and all future legal proceedings.
• Follow Up on the Investigation: Keep in touch with the Investigating Officer (IO) to stay updated on the progress of the investigation, including the mechanical inspection of the vehicles and the filing of the chargesheet.
• 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

As the victim, your primary concerns are your safety, compensation for your losses, and ensuring justice is served. Your role as the complainant is integral to this process.

• Claim Insurance: Inform your motor insurance company about the accident immediately. Provide them with a copy of the FIR, photos of the damage, and other required documents to initiate your claim for repairs.
• Motor Accidents Claims Tribunal (MACT): For compensation related to property damage, injury, or other losses not fully covered by insurance, you can file a claim petition before the MACT. The police report and the fact that the other driver was drunk will be strong evidence in your favor.
• 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

The police have a standard procedure for such accidents:

• First Response: They secure the scene, provide medical aid if necessary, and separate the parties involved.
• Registration of Case: Based on your complaint and the circumstances, they will register an FIR.
• Evidence Collection: They will conduct breathalyzer or blood tests, seize the vehicles for a mechanical inspection by the Regional Transport Office (RTO) to rule out mechanical failure, and collect statements from witnesses.
• Arrest: The police may arrest the accused driver for drunk driving and rash and negligent driving, as these are cognizable offenses. The accused would then be produced before a Magistrate.
• Chargesheet: After completing the investigation, the police will file a chargesheet (Final Report) in the appropriate court, detailing the evidence and the sections of law under which the accused is charged.

FAQs people normally have

How do I get my vehicle back from police custody?

Your vehicle is seized as evidence. To get it released, your lawyer will need to file an application for ‘Superdari’ (custody of property) in the court where the case is filed. The court usually grants release on the condition that you furnish a bond and agree to produce the vehicle whenever required during the trial.

Will I be compensated for the damage to my car?

Yes. Your primary route for compensation is your own ‘Comprehensive’ or ‘Own Damage’ motor insurance policy. Additionally, you can sue the other party for damages in the MACT. The court can order the driver/owner or their insurance company to compensate you.

What will happen to the drunk driver?

The drunk driver will face a criminal trial. If convicted, they can face imprisonment, a hefty fine, and suspension of their driving license as per the provisions of the Motor Vehicles Act and the Bharatiya Nyaya Sanhita.

What evidence is required?

Strong evidence is crucial for a successful outcome. Ensure you have:

• A copy of the FIR.
• The medical report (MLC) confirming the other driver’s intoxication.
• Photographs and videos of the accident scene and vehicle damage.
• Your driving license, vehicle RC, and insurance policy.
• The contact details of any eyewitnesses.
• The report from the RTO’s mechanical inspection of the vehicles.

How long will the investigation take?

As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are expected to complete their investigation and file a chargesheet in a time-bound manner, typically within 60 to 90 days. However, the exact duration can vary depending on the complexity of the case and the workload of the police. The subsequent court trial can take a longer time to conclude.

Advocate Sudhir Rao, Supreme Court of India