Try accused for culpable homicide not amounting to murder: District court on BMW hit-and-run case
During the proceedings of accused’s discharge application, the defence argued that the case did not warrant charges under Section 105 (culpable homicide), and instead fell under Section 106 of the BNS, which deals with death caused by negligence in road accidents.
The order was passed on Wednesday by Additional District and Sessions Judge Ashwani Kumar, who framed charges against the accused and disposed of his discharge application. (Photo:Pixabay/Representational)
Nearly 10 months after a speeding BMW car allegedly hit a Chandigarh Police constable in Sector 9, a district court has ordered that the accused, Ishaan Shankar, be tried under Section 105 of the Bharatiya Nyaya Sanhita (BNS), which pertains to culpable homicide not amounting to murder.
The order was passed on Wednesday by Additional District and Sessions Judge Ashwani Kumar, who framed charges against the accused and disposed of his discharge application.
“It is not a simple case of rash and negligent driving punishable under Section 106 of BNS, rather it is a case of culpable homicide not amounting to murder,” held the court. The trial in the case is scheduled to commence on July 6.
The incident dates back to May 11, 2025, when two BMW cars were allegedly racing on a road in Sector 9. During the race, one of the vehicles, driven by the accused, struck a cyclist — later identified as Constable Anand of Chandigarh Police — causing him fatal injuries. The victim succumbed before reaching the hospital.
During the proceedings of accused’s discharge application, the defence argued that the case did not warrant charges under Section 105 (culpable homicide), and instead fell under Section 106 of the BNS, which deals with death caused by negligence in road accidents.
The defence counsels argued that in this case during the investigation, the police have not collected such evidence which could show that all the ingredients constituting the offence punishable under Section 105 of BNS are fulfilled. He pointed out that as per application, dated May 13, 2025, filed by the investigating officer, offence under Section 105 of BNS has been added on the basis of site inspection report, mechanical examination report and analysis of CCTV footage. However, mechanical examination report of offending vehicle was prepared on May 15, 2025 whereas CCTV footage was taken in police possession on May 14, 2025.
The public prosecutor, however, contended that the applicant-accused had committed accident while racing with another vehicle. He had knowledge that his act would result in an accident and after accident, the applicant fled away. During the investigation, the applicant was found involved in the commission of offence under Section 105 of BNS.
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On hearing the arguments, the court held that mechanical report can be prepared after one-two days. CCTV footages may be taken in police possession next day but investigating officer is talking about analysis of CCTV footage before it was taken in police possession.
The court noted that on May 11, 2025 about 6.45 pm, two cars of BMW-make were being driven in a rash and negligent manner and hit one cyclist which dragged the cyclist to a large distance. After leaving the injured at the spot, the driver of the offending vehicle fled away. The injured was got admitted to hospital. The offending vehicle was racing with another BMW car.
“From this fact, it cannot be said that the applicant has no knowledge about the consequence of his act as it was his duty to drive vehicle cautiously. He did not stop the vehicle after the accident and did not help the injured to get his medical treatment, rather he kept dragging the iniured for a large distance. It is not a simple case of rash and negligent driving punishable under Section 106 of BNS, rather it is a case of culpable homicide not amounting to murder,” noted the court in the order while adding that prima facie evidence on record is sufficient to show that the applicant/accused has committed an offence punishable under Section 105 of BNS, so the applicant be charged under Section 105 of BNS.
Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula).
Professional Background
Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases.
Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region.
Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps.
Recent Notable Articles (Late 2025)
His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns:
1. Legal & CBI Court Verdicts
"12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013.
"‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case.
"Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification.
2. Investigative & Scams
"CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus.
"Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh.
3. Environment & Public Safety
"Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities.
"Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos.
4. Gangster Culture & Crime
"City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules.
"Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26.
Signature Style
Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More
