Pune cops slap attempt to culpable homicide charge on heavy vehicles flouting rules

On February 2 earlier this year, Pune City Traffic Police issued two crucial notifications laying down the rules to restrict movement of heavy transport vehicles in the city following a series of accidents involving dumpers, cement mixers, multi axle vehicles among others. These notifications define a Red Zone for the heavy vehicles which are key to the implementation of the heavy vehicle restriction.

Red Zones

A Red Zone refers to designated central and high-traffic areas within Pune city where heavy vehicles are either restricted or completely outright during certain times to reduce congestion, minimise traffic snarls and avert mishaps. These zones are identified by the Pune Traffic Police as locations that regularly experience heavy traffic and are more prone to accidents involving large vehicles.

Heavy vehicles like dumpers, ready-mix concrete (RMC) trucks, containers and similar construction-related vehicles are not allowed to enter or operate within Red Zones during specified restricted periods — often peak evening hours or designated days of the week — to ease traffic flow and reduce risk. These restrictions have been displayed on boards at various locations and have been published by traffic police from time to time. These restrictions are periodic or for specific purposes: for example, on weekends and specific dates like festivals or local events, the Red Zone ban is enforced from the late afternoon into the night; outside the restricted times, permitted heavy vehicles may enter if they have prior police permission.

Red Zones are typically located in high-density corridors such as Nagar Road, Old Pune Mumbai Highway, Ganesh Khind Road, Baner Road, Pashan Sus Road, Paud Road, Karve Road, DP Road, Sinhagad Road, Satara Road, Solapur Road and Kondhwa.

Attempt to Culpable Homicide cases

Deputy Commissioner of Police (Traffic) Himmat Jadhav said, “As the safety concerns and traffic congestion due to heavy vehicles were mounting, we started levying fines. However these Rs 2000 fines soon proved ineffective, as these vehicles continued to operate during restricted time periods or in areas with restrictions. We were left with no choice but to invoke stringent provision of attempt to culpable homicide. We will continue to register these cases in the coming days.”

An inspector in-charge of a traffic division in Pune said, “The dumper trucks or cement mixers deliver a load anywhere between Rs 50,000 to 70,000. It soon became clear, these vehicle operators started looking at Rs 2000 fine as additional cost and continued blatantly operating in restricted timings and areas. The developers of the construction projects started bearing that additional amount.”

Additional Commissioner of Police Manoj Patil said, “Accidents with fatalities and grievous injuries which were caused by heavy vehicles were a major cause of concern. Over the last one and half months, we have started registering cases of attempted culpable homicide and we hope that this will help in bringing down the serious accidents in the coming days.”

The BNS section 110 titled ‘Attempt to commit culpable homicide’ reads, “Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.”

Meanwhile, the Pimpri-Chinchwad police, who have also registered multiple serious cases of accidents involving heavy vehicles, are using a different strategy to tackle the issue. The Pimpri-Chinchwad police are registering cases under BNS section 285 which pertains to danger or obstruction in public way or line of navigation. After booking the operator under this section, the vehicle is being seized, officials said.