The Consequences of Traffic Violence: Legal Ramifications Explained

Any act of aggression or negligence on the road that results in harm or poses a significant threat to public safety. This includes aggressive driving, reckless behaviour, and incidents leading to injury or death.Traffic violence encompasses a range of criminal activities and offences related to road safety and vehicle operation, including reckless driving, road rage, and vehicular manslaughter. The Indian legal system addresses these issues through various provisions designed to ensure road safety and accountability for offenders.

• Laws in India for Traffic violence:

  • Motor Vehicle Act, 1998

  • Bharatiya Nyaya Sanhita, 2023

Legal Provisions:

1. Section 281 BNS : Addresses reckless or negligent driving. Punishable with the Imprisonment for 6 months, or fine of 1,000 , or both.

2. Section 106 BNS: Deals with causing death by negligence. Punishable with the imprisonment of 10 years and fine.

3. Section 185 of the Motor Vehicles Act: Covers driving under the influence of alcohol or drugs. Punishable with the imprisonment of 6 months, with 2,000 rupees fine

Types of Traffic Violence:

1. Reckless or Negligent Driving: The driver must have operated the vehicle in a manner that shows disregard for safety.

2. Causation: The driver's actions must directly lead to harm or potential harm to others.

3. Intoxication: Driving under the influence of alcohol or drugs can significantly increase the severity of the offence.

4. Reckless driving: Operating a vehicle aggressively or carelessly, such as speeding or tailgating.

5. Road rage : Aggressive behaviour by drivers that can escalate to physical violence or confrontation.

6. Vehicle Manslaughter: Causing death through negligent or reckless driving.

Legal Framework:

1. Filing a Complaint: Victims or witnesses can report traffic violations to the police.

2. Evidence Collection: Gathering evidence such as witness statements, photographs, and accident reports is essential for prosecution.

3. FIR Registration: An FIR is filed with the police to document the offence and initiate investigation.

4. Charge Sheet: The police prepare and submit a charge sheet to the court, detailing the evidence and charges.

5. Court Proceedings: The case is tried in court, where evidence is presented, and both parties make their arguments.