Audi owned by Bawankule’s son hits vehicles: Next course of action based on driver’s blood sample report, say police

The Audi then struck some more vehicles moving towards Mankapur area following which occupants of a car chased down the trio and were taken to the local police station.

The police said the passengers in the Audi were returning from a beer bar in Dharampeth when the incident took place.

Opposition has alleged that since it was Sanket’s car and he too was present in the car along with a friend when the accident took place, the police should take action against him.

A special public prosecutor told The Indian Express said that in criminal law there was no concept of vicarious liability – where one person is held responsible for the reckless behaviour of the third party – apart from cases where a minor is given to drive a four wheeler and causes an accident. In such cases, the parents/owner of the vehicle can be charged under section 4 and 5 of the Motor Vehicle Act.

“ Apart from this, there is no section in the MV Act, for booking a person who gave his four wheeler to a person who may be drunk. The owner may claim he was not aware the person was under the influence of alcohol. However, if it can be proved that the person was well aware the driver was drunk and still gave him keys of a vehicle, at the most the charge of abetment of a crime by omission under the Indian Penal Code could be added,” the prosecutor said.

A police officer said that in drunk driving cases, under the MV Act, there is section 185 under which a drunk driver can be booked. “Apart from allowing minors to drive in which case the owner can be booked, there is no other section regarding a similar offence in MV Act,” the officer said.

An officer from Nagpur police said that as per law, it is an offence if the driver of a motor vehicle has in his blood alcohol exceeding 30 mg per 100 ml.

“We are waiting to see the blood alcohol levels. There is a difference between consuming alcohol and impairing driving. We are awaiting the blood alcohol report after which the next course of action will be decided,” the officer added.