Hit and Run cases and legal consequences

Introduction To Hit and Run Cases

Hit and Run cases happen when the drivers while driving incur damage to any person’s life, health or property while rash driving and thereafter failing to register their vehicle and driving license with the concerned legal authorities. In layman’s terms, Hit and Run is hitting a person or property while driving and then fleeing. It becomes very hard to identify and punish the culprits because of lack of evidence and witnesses. However, there have been many instances when the law has convicted them.

Statutory Punishment of Hit and Run

Hit and run cases are not specifically punishable under Indian Penal Code (IPC) as such. Though, Sections 279, 304A, and 338 of the IPC are applicable in the Hit and Run Cases. Section 279 defines and punishes Rash Driving. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. Also, Section 304A punishes death by negligence. This section is directly applicable to Hit and Run cases which result in the victim’s death. The punishment under the Section is for up to 2 years. In cases where the victim hasn’t died but is grievously injured, the punishment is given in Section 338.[i]

The Motor Vehicles Act, 1988 is applicable to the cases of Hit and Run too. Section 161 of the Act defines “hit and run” as “an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose”. As can be observed by the official codified definition, a hit and run does not always pertain to murder or grievous hurt, but to accidents at large. Section 161 also provides for compensation to the victims of the hit and run; twenty-five thousand rupees in case of death and twelve thousand and five hundred rupees in case of grievous hurt.

Section 134(a) of the Act requires the driver to secure medical attention to the injured persons immediately. And section 134(b) requires them to give the information about and relevant to the same to a Police officer as soon as possible. Failing these two duties, the driver will be punishable.[ii]

Statistics of Hit and Run cases

More than 20000 people lost their lives in Hit and Run cases in India alone.[iii] Hit-and-run cases accounted for 11.4% of all accidents in 2015, an increase from 10.9% in 2014, according to road transport ministry data. In a survey, they found that about 74% of respondents expressed unwillingness to assist victims of road accidents. According to a study Impediments to Bystander Care in India conducted by SaveLIFE Foundation, advocacy working for road safety, and TNS India, a global marketing research company, on July 2013. The SaveLife-TNS study also points to another study by the Indian Journal of Surgery published in 2006. There, it was found that 80% of road accident victims do not receive any medical care within the first or golden hour after the accident.

Problems in Hit and Run cases

The biggest issue in the cases of Hit and Run is the absence of any direct evidence. Usually, there is no hard evidence to put the culprit at the crime scene. This makes it very difficult for the Police to pursue the investigation. Sometimes due to the speeding vehicles and a lot of rush, even witnesses aren’t able to help with the investigation. Also, the witnesses often don’t want to be entangled in the legal framework. The Police have to rely on indirect pieces of evidence in such cases. The investigation requires very precise and careful monitoring of the crime scene.

The witnesses of the accident are also unwilling and reluctant to help the victims. This causes a lot of loss of life. In 2013, the Apex Court directed the Government to make laws for the protection of the Good Samaritans. However, even after these laws are made, they are available mostly on paper. In some states like Karnataka however, these laws hold much importance.[iv]

Conclusion

Hit and Run cases have come to the knowledge of most of the Indians after the infamous Salman Khan case in 2002. He was accused of driving his car onto the Footpath into a group of homeless people. One of them had died. There have been many high profile cases of Hit and Run over the years. And, many which couldn’t get as much attention.

The usual reason found behind these instances is Rash driving, On-road racing and Drink and drive. The victims, either injured or dead are left to suffer while the culprits run free. Even the compensation given to the victim is too low as termed by the Apex Court. A bill is pending in the Parliament to increase the same from 25000 rupees to 2 lakhs.

[i] Indian Penal Code 1860.

[ii] Motor Vehicles Act 1988.

[iii] Rahul Mohan  Sharma, ‘There were 7 Hit and Run cases every hour in 2015’ (Scroll.in, 5 August 2016) <https://scroll.in/article/813185/there-were-7-hit-and-run-cases-every-hour-in-india-in-2015> acessed 12 January 2019.

[iv] Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Act.

Criminal Investigation Department – Powers

Introduction To Criminal Investigation Department

Contrary to popular belief, CID or the Criminal Investigation Department is a real and existing department within the Indian Police forces. However, it is not as dramatic as its media counterpart. The Criminal Investigation Department of a state serves as the intelligence or investigation wing for the respective state police forces. Moreover, It aids the police in dealing with certain types of cases. In short, it is an advanced version of the State Police Department. As said above, intelligence and investigation are two core function of any CID in a state. 

Functions of CID

As codified in Section – 410 of the Jharkhand/Bihar Police Manual; CID has several functions to execute. Such functions are distinct as of the Police Department’s function. Following are the functions of CID:-

Core Activities

• The collection of distribution of information relating to professional cases and classes of crime detailed below:-

1. dacoity;
2. highway, railway or mail robbery;
3. counterfeiting coin or stamps, forging notes, uttering of being in possession of counterfeit coins or stamps or forged notes;
4. drugging of poisoning by professional poisoners;
5. Swindling;
6. action against criminal gangs such as cases, under section 400 and 401, IPC and proceedings under sections 109 and 110, Cr.P.C.
7. professional criminals whose operations extend beyond the limits of a single district;
8. Such crimes about whom Inspector-General gives special orders.

• To control, advise or assists as circumstances require, in inquiries or investigations into crimes mentioned above. Moreover, in serious crimes where local authority seeks the help of CID with the approval of inspector general or Government of the state. Also, CID helps to inquire about the movements of foreign criminals and about such matters in which local police asks for help.
• In cases where crime includes forgery of telegraphic of railway receipts, postal frauds, the movements of foreign criminals and the like, the assistance of the department may be invoked or directed.

Investigating Squads and Offices

• CID sets up Specialized squads for investigation of cases. Officers in every squad investigate the cases connected with squads. The squads shall be of following types:-

1. Cheating and defalcation squad.
2. Forged note and counterfeiting squad.
3. Murder squad.
4. Railway Crime squad (see Rule 680)
5. Eve teasing prevention squad

• To do the work efficiently, the department requires certain types of offices. Whereas, such offices help in deducing the collected data to reach the conclusion. The following offices are attached to the department:–

1. Finger Print Bureau (Chapter 16),
2. Laboratory ( Appendix 25),
3. Photo Bureau ( Appendix 22),
4. Dog Squad ( Appendix 83) whose branches can be set up in other districts also,
5. Missing Persons Bureau ( Appendix 81), and
6. Juvenile Aid Bureau ( Appendix 82)

Powers of CID

In the dynamic environment, people are developing with every second passing. And they always come up with a new way of crime. For example, Advancement in technology resulted in Cyber Crime. Nevertheless, technology helps in achieving goals which were impossible earlier. Hence, it directly results in an increase in the complexity of crime and working conditions. Apart from all the functions of the Criminal Investigation Department, certain other powers are provided. Such powers of the Criminal Investigation Department are as follows:-

1. CID has the power to investigate, detect, and prosecute certain types of cases. Such cases are entrusted by the Government and Deputy General of Police.
2. It can conduct inquiries as per laid down procedure in prescribed situations i.e Civil or Criminal procedure code of India.
3. CID maintains data, updates crime and criminal information system. They also plan and organize criminal intelligence system. Moreover, they have also the power of maintaining records.
4. CID coordinates the investigation of related matters in the State with other States and National Institutions/Organizations. It also deals with crime investigation and maintenance of crime & criminal records.
5. Efficient, professional and independent functioning of SCRB ( State Crime Record Bureau), FPB (Finger Print Bureau) and their modernization.
6. In certain cases, CID advise, assist and report to Deputy General of Police and Government regarding the matters concerning investigation and prosecution.
7. CID gives information to Parliament and Assembly regarding crime on behalf of State Police. However, except that information which is purely administrative in nature.
8. In cases relating to Human trafficking, CID launches rescue operations and attend to post-rescue victim care and protection in coordination with the NGOs.
9. Maintains Database in r/o cases under trial, court disposals and court orders.
10. Also, they Examine and report on judgments given by subordinate courts for filing appeals.

Conclusion

With all the discussion above, we can say that CID is an important part of the state. However, its work is mostly behind the scenes. The functions of CID are as important as of the police department. However, in certain areas, where the police department has no authority, CID has the authority to control. Also, the power to maintain records of serious crime-criminal is a distinct feature of CID.

Section 499 IPC – Criminal Defamation

Criminal defamation, as defined in section 499 IPC, is one of the most controversial provisions under the Indian Penal Code, 1860. Time and again, we see defamations news popping up on our televisions and newspapers. Defamation is civil wrong under the tort law as well as a criminal offense under the IPC. We all are well aware that the right to speech is a fundamental right under the Constitution; therefore, the offense of defamation is debated on this issue. But the Supreme Court has held in several cases that the offense of defamation under Section 499 does not violate Article 19 of the Constitution.

“Freedom of speech and expression is not absolute. The concept of social interest has to be kept in mind when considering the reasonableness of a restriction”. [1]

What is Defamation?

Section 499 says that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or a state generally considered as disgrace­ful. [2]

Therefore from the above provision, it is evident that defamation is done not only through words spoken but also written. It may be done by signs or visible representation that is directed towards a particular person to cause harm to a person’s reputation. There are four exceptions provided under the provision.

Explanation of Criminal Defamation

Right to speech and expression is one of the important Fundamental rights; therefore, when it is made, limited necessary points need to be considered. Defamation is made an offense under the criminal law, and certain explanations are attached to it to make the understanding clear.

1. Deceased person- usually no defamation is caused to a person who is dead, but, it may amount to defamation if the statement to act done to defame that person causes harm or is derogatory to his family or any of his family members.
2. Corporate body- Although it was controversial as to whether the corporate body can file a defamation suit. The SC strike out the balance between Art. 19 and the right of corporate bodies to file criminal defamation case for alleged damage to reputation.[3]
3. Indirect statement- Sometimes, even an ironically passed statement may also amount to defamation.
4. Lowering intellectual- if a statement is passed by a person to lower the person reputation, then it would be defamatory.

Defamation in English Law

Defamation in English law is classified under two categories-

1. Libel- representation made in some permanent form. For eg.- publication in a newspaper or any other writing form.
2. Slander-statement made in some transcient form. For eg.- by spoken words.

In India, there is no such classification of the offense of defamation. The Madras and Bombay High court has also held that there is no need to make such classification under the Indian criminal law.[4]

Exceptions of Defamation

1. Justification of truth- Law, will not guide a person or favor a person to receive compensation for something true. In a case, the defendant published a defamatory statement against, but the statements were true, so it was not considered as an offense.[5]
2. Fair comment- making fair comments in the public interest is not defamation.
3. Privilege- Giving special status to certain persons protects them from the offense under section 499. These privileges are absolute as well as qualified.

Conclusion

Defamation is one of the most controversial offense. Right to Speech is a fundamental right guaranteed under our Constitution, but the right is not absolute, and it is restricted. The offense of defamation is a form of this restriction made on the Fundamental Right. A person cannot speak or publish any derogatory remarks for any other person.

[1] Subramanian Swamy v. Union of India, Ministry of Law &ors. (2014) SC 184.

[2] Indian Penal Code, 1860, s. 499.

[3] Priya Pillai v. Union of India & Anr. (2015) SC 132.

[4] Hirabai Jehangir v. Dinshawdulji (1927) Bom 22.

[5] Radheshayam Tiwari v. Eknath (1895) Bom 285.