Make drunken driving law more stringent: Lawyers

With two major accidents rocking the city on Tuesday morning, the question of stringent law for rash and drunken driving has been raised again by lawyers.

“304 A of the Indian Penal Code that stands for rash and negligent driving that causes death should be amended with. When the law was made in 1930, there was hardly any traffic on the road. Two years imprisonment is just not enough. Especially in the matter of killing,” said criminal lawyer, Niteen Pradhan. Section 304 A is a bailable offence with a maximum penalty of 2 years and fine.

Pradhan added, “The law should incorporate that the person who drinks and drives has knowledge that he could cause harm. This is still not part of the law.”

Many high courts in the country, including the Bombay high court in the case of Alister Periera, tried to bring such cases of drink driving under the purview of section 304II, that is culpable homicide not amounting to murder with the knowledge that the act could cause death.

“However, Supreme court, time and again, has stated that this is not the proper method of convicting under a wrong section,” explained senior criminal lawyer, Satish Borulkar.