6-month jail for 1st offence drunk drivers, says SC panel

Further, driving under the influence of liquor or drugs can also lead to jail terms of six months, even for the first offence.

As per National Crime Records Bureau statistics, more than 1.41 lakh people — around 380 persons per day — were killed in road accidents in 2014. Most of these deaths were due to reckless driving and speeding.

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Imploring authorities to show no leniency in cases of drunken driving, the panel — headed by former Supreme Court judge Justice K S Radhakrishnan — has directed “that in case of driving a vehicle under the influence of drinks or drugs, the police should prosecute the offender and seek imprisonment even for the first offence”.

Under Section 185 of the Motor Vehicles Act, a person driving in an inebriated condition or under the influence of drugs to such an extent that he is incapable of exercising proper control over the vehicle can be jailed for six months for the first offence. The jail term can extend to two years for subsequent offences.

Taking a grim view of the rising cases of mishaps due to indifference of drivers, the panel has asked authorities to suspend the driving licences of violators at least for three months under the Act and the Central Motor Vehicle Rules.

Driving licences will also be suspended for breaches such as over-speeding, jumping traffic signals, carrying loads beyond permissible limits in goods carriages, and transporting people in goods carriages.

“The Committee is of the considered view that the states, union territories and their concerned departments should take stern action against the violators of the law and exercise discretion under the Act and the Rules by passing an order disqualifying the offender from holding a driving licence for a specified period and also by seeking imprisonment wherever it is provided under the law,” stated the panel’s fourth report.

The panel also directed that helmet laws should be made mandatory for the rider and pillion riders across the country. Those breaking the rules should be subject to road safety education and counselling for not less than two hours before imposition of the fine, it said.

“Those who violate the seat belt law should also be subject to road safety education and counselling, apart from the monetary fine,” it added.
The panel, which was constituted by the Supreme Court in 2014 to monitor and measure implementation of road safety laws in the country, has sought action-taken reports from states and union territories after three months.

It has held periodic discussions with the concerned ministries and departments in the central and state governments before coming out with the directives for implementation.

The data furnished by them in the last meeting, the panel has noted, “clearly established that the number of fatalities in India continues to be very high, causing serious emotional trauma and economic loss to the families of the deceased and the society.”