A hit-and-run incident occurs when a driver causes damage to property or injures or kills another person through a traffic accident and then leaves the scene without stopping to provide assistance, information, or reporting the incident to the authorities. In India, this type of behavior is considered illegal and carries serious legal consequences under the Motor Vehicles Act and the Indian Penal Code (IPC).
A hit-and-run occurs when a vehicle causes damage to a parked vehicle, a pedestrian, or another vehicle, and the driver leaves the scene without informing the authorities or the people involved. The damage could be physical injury, harm, or destruction of property.
After the accident, the driver is legally obligated to stop and either exchange details with the affected party or report the incident to the police. If the driver leaves without fulfilling this responsibility, it qualifies as a hit-and-run incident.
The key element of a hit-and-run is that the driver fails to remain at the scene of the accident or does not report it to the authorities. This can apply to any accident where the driver intentionally or negligently drives away, be it a minor fender-bender or a serious collision involving injury or death.
Under the Motor Vehicles Act, the law specifically addresses the obligation of a driver involved in an accident to stop their vehicle at the scene, provide assistance, and report the incident to the police. Failure to do so is punishable under various sections of the Act.
Section 185 of the Motor Vehicles Act defines that if a driver hits another vehicle or person and fails to report it, this action can lead to penalties under the law.
Section 279 of the Indian Penal Code (IPC) deals with rash and negligent driving, which can be invoked if a driver leaves the scene of an accident.
These sections deal with causing harm to someone through negligence or rash driving, which can be used to charge a driver if they leave the scene after causing injury.
Section 304A charges a driver with causing death by negligence if the accident leads to a fatality and the driver leaves without providing help.
In cases of hit-and-run, the affected party or a witness should file an FIR at the nearest police station. This allows the authorities to investigate the matter and take necessary legal action.
A fine of ₹1,000 to ₹5,000 can be imposed if the driver leaves the scene of an accident where property damage is involved. This fine can increase depending on the severity of the damage and circumstances.
If the hit-and-run results in injury or death, the driver can face imprisonment for up to 6 months or more. The imprisonment period may extend depending on the seriousness of the accident and negligence.
The driver’s license may be suspended or revoked, especially if the incident is deemed to be reckless or involves repeat offenses.
If the accident causes injury or death, criminal liability can be imposed under Sections 337 or 338 of the IPC for causing harm or injury by negligence.
If the accident leads to the death of a person, the driver can face Section 304A (causing death by negligence), which can lead to imprisonment for up to 2 years or a fine, or both.
If the responsible driver is not identified or has left the scene, it may complicate the victim’s insurance claim process. However, the vehicle owner may still file a claim with their own insurance provider, provided the incident is reported to the police.
In some cases, insurance companies may increase premiums or refuse to settle claims if the responsible party is not found or if the accident was not reported appropriately.
Hit-and-run accidents involving pedestrians or cyclists are particularly concerning because they can result in serious injuries or fatalities. If the driver fails to stop, it hampers the chances of timely medical assistance and justice for the victim.
The hit-and-run law encourages accountability among drivers, ensuring that they take responsibility for their actions and contribute to safer road behavior. This also helps in ensuring justice for accident victims.
A driver in Delhi hits a parked vehicle while reversing. The driver causes damage but immediately leaves the scene without providing contact details. The vehicle owner notices the damage and files an FIR. The police investigate the matter and track the responsible driver. Once found, the driver is fined ₹5,000 and may face imprisonment for negligent driving under Section 279 of the IPC. The driver may also be liable for the repair costs of the damaged vehicle.
Report the incident to the police without delay. Provide all available details about the accident, including the location, time, and description of the vehicle involved.
Take photos of the damage, note down the vehicle’s license plate number (if visible), and gather any witness statements.
Inform your insurance company about the incident, especially if the responsible driver is not found. This may help in recovering repair costs from your own policy.
In India, a hit-and-run is a serious violation under Indian traffic law. It involves causing an accident and leaving the scene without providing assistance, information, or reporting the incident to the authorities. It can result in fines, imprisonment, and criminal charges under both the Motor Vehicles Act and the Indian Penal Code. It is crucial for all drivers to stop and take responsibility after any accident, ensuring that justice is served and road safety is upheld.
Answer By Law4u Team
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