High-Profile Hit-And-Run Cases in India

High Profile hit and run cases in India

Overview of Hit-and-Run Incidents in India:

India’s roads are infamous for chaotic traffic, reckless driving, and high accident rates. Among the gravest of these incidents are high-profile hit-and-run cases, where drivers flee the scene after causing an accident, often leaving victims and their families devastated. The issue of hit-and-runs is compounded by weak law enforcement, legal challenges, and a lack of accountability.

Hit-and-runs don’t just leave a trail of physical injuries they also leave victims and their families devastated, grappling with financial burdens and a long struggle for justice. The issue of hit-and-runs is compounded by weak law enforcement, legal consequences and a general lack of accountability. 

In this article, we dive deep into the darker side of Indian roads, examining high-profile hit-and-run cases, the reasons behind such incidents and what needs to be changed. 

Understanding Hit-And-Run Offenses:

In high-profile hit-and-run cases, the accused often try to evade responsibility, making it challenging for authorities to hold them accountable.

A hit-and-run occurs when a driver causes an accident and then flees the scene without assisting the injured party or reporting the incident. This is not just a violation of basic human decency, but also a serious criminal offense under Indian law. 

Despite the stringent penalties in place, hit-and-run incidents are alarmingly common. In simple terms, a hit-and-run involves the driver failing to stop after an accident they caused. 

Whether the incident results in property damage, injury or death, the fleeing from the scene is what defines it as a hit-and-run.

Section 161 (1) (b) of the Motor Vehicles Act, 1988 defines a “hit and run motor accident” as an accident arising out of the use of a motor vehicle or motor vehicle whose identity cannot be ascertained in spite of reasonable efforts for the purpose.

Legal Framework Governing Hit-And-Runs in India:

In India, the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Motor Vehicles Act,1988 control the punishment for hit-and-run incidents. These statutes try to deter such conduct while also protecting victims’ rights. 

Despite the established legal framework, high-profile hit-and-run cases often expose significant loopholes, especially regarding accountability for those with wealth and influence. 

Depending on the nature and results of the accident, multiple sections of the BNS may apply:

Section 281 (Rash driving or riding on a public way): This section deals with cases where the accused drives recklessly, endangering others’ lives. It prescribes imprisonment for up to six months, a fine, or both.

Section 125(a) (Causing hurt by act endangering life or personal safety of others): When the hit and run results in injuries to a person, this section applies. The punishment can be imprisonment for up to six months, a fine which may extend to five thousand rupees or both.

Section 125(b) (Causing grievous hurt by act endangering life or personal safety of others): If the accident causes grievous hurt to a person, this section comes into play. The offender may face imprisonment for up to two years, a fine which may extend to ten thousand rupees or both.

Section 106(1) (Causing death by negligence): In cases where a hit-and-run accident leads to the death of a person not amounting to culpable homicide, this section applies. The punishment can range from imprisonment for up to 5 years, a fine, or both.

Section 106(2) If the person liable for punishment u/s 106(1), BNS found guilty of not reporting the same to a Magistrate or a police officer then the punishment can be extended by another 5 years aggregating to 10 years and shall also be liable for fine.

Aside from the BNS, the Motor Vehicles Act of 1988 has provisions pertaining to hit-and-run offences:
Section 134: This section imposes an obligation on the driver of a motor vehicle in the event of an accident to assist the victim in reaching the nearest hospital or to make any reasonable attempt to offer medical assistance, unless it is impracticable to do so for the reasons stated therein.

What are the situations in which a motor vehicle hit-and-run can occur? 

  • Accident: A driver may accidentally hit someone with his or her motor vehicle.  
  • Driving under the influence: A driver who is under the influence of alcohol or any other legal or illegal contraband that is not permitted while driving may hit someone with his or her car. 
  • Driving in a reckless manner: A motor vehicle collision occurs because the motorist was driving recklessly.              

High-Profile Hit-And-Run Cases In India:  

India has seen several high-profile hit-and-run cases that have attracted significant public and media attention. These cases have often highlighted flaws in the legal system, particularly when it comes to holding influential individuals accountable.

  1. The Salman Khan Hit-and-Run Controversy: This case is perhaps the most famous hit-and-run in India’s history. In 2002, Bollywood actor Salman Khan was accused of running over several people sleeping on a pavement in Mumbai, killing one and injuring others. 

The accident took place in the early hours of the morning and it was alleged that Khan was under the influence of alcohol. His car mounted the pavement, causing severe injuries and death.

Outcome: After years of legal proceedings, including a conviction by Bombay Sessions Court on 06.05.2015 sentencing to an imprisonment of 5 years. However, he was acquitted of all charges by Bombay High Court due to lack of evidence in December, 2016. 

The case drew attention to the loopholes in India’s legal system and raised questions about whether the rich and famous are held to the same standards as ordinary citizens.           

  1. Delhi Hit-and-Run Case, 1999: On 10.01.1999, a black BMW crashed into several people in Delhi, killing six. The driver, Sanjeev Nanda, fled the scene but was later convicted after a lengthy trial. 

The car, speeding down Lodhi Road in Delhi, struck several people. Nanda, who was allegedly drunk at the time, initially escaped but eventually faced trial for his actions. The case saw significant public outrage as it dragged on for years, with many perceiving that the wealthy often escape justice.

Outcome: In 2008, Sanjeev Nanda was found guilty by the trial court under Section 304(II) IPC and sentenced to 5 years of rigorous imprisonment. Rajeev Gupta was sentenced to 1 year, and Shyam Singh and Bhola Nath received 6-month sentences, all under Section 201 IPC. 

On appeal in 2009, the High Court reduced Nanda’s charge to Section 304A IPC and sentenced him to 2 years, with sentences for the others unchanged. In 2012, the Supreme Court reinstated the trial court’s conviction under Section 304(II) but upheld the reduced sentence and imposed a ₹50 lakh fine and 2 years of community service on Nanda.

  1. Dalip Tahil Drunk Driving Case: Bollywood actor Dalip Tahil, best known for his role in Baazigar, was sentenced to two months in jail for a 2018 hit-and-run case. 

The actor, who was intoxicated, crashed his car into an auto rickshaw, resulting in injuries to a woman. After the accident, he attempted to flee but was trapped in a traffic jam caused by the Ganesh Visarjan procession. 

Outcome: Medical evidence confirmed the actor’s inebriation, leading to his conviction by the magistrate court wherein he was sentenced to 2 months in jail.

  1. Janhavi Ajit Gadkar’s hit-and-run case, 2015: On 08.06.2015, Corporate lawyer Janhavi Gadkar, while driving her Audi Q3 under the influence of alcohol, took a U-turn on Mumbai’s Eastern Freeway and drove on the wrong side for over two kilometres. 

She collided head-on with a taxi, killing two men. Gadkar’s blood alcohol levels were found to be well above the legal limit.

Outcome: The lawyer was arrested right on the spot. The investigation is complete and a charge-sheet filed. Janhavi spent 58 days behind bars before she was granted bail by the sessions court on August 5, 2015. 

The case is still pending and in 2024, the Mumbai police sought to escalate the charges to murder under Section 302 IPC due to her knowledge of the risks of driving intoxicated. The case has sparked significant media attention due to her professional background and the tragic nature of the incident. 

  1. Akash Ambani Aston Martin Accident, 2013: On 08.12.2013, an Aston Martin Rapide registered to Mukesh Ambani’s Reliance Group was involved in a high-speed crash in Mumbai. The luxury car reportedly rammed into two other vehicles—an Audi and a Hyundai. 

Outcome: While initial rumors linked Akash Ambani, Mukesh Ambani’s son, to the crash, Reliance denied these claims. Instead, an employee, who later turned up at the police station, claimed responsibility, stating he was test-driving the car. 

The incident sparked controversy, with accusations of a cover-up to protect the Ambani family from legal consequences. Despite the media attention, the case did not result in any significant legal action or penalties against Akash Ambani.

  1. Siddharth Sharma Hit and Run case, 2016: Sidharth Sharma died after being hit by a Mercedes – driven by a minor – in the Civil Lines area of Delhi on 04.04.2016. 

According to the detailed accident report filed by the police, the minor was driving the car rashly at a very high speed. After the collision, Sidharth was thrown 20 feet high into the air after the car hit him. The teenager abandoned the car and ran away with his friends.

Outcome: An insurance company has been directed by the Motor Accident Claim Tribunal (MACT) to pay about ₹ 1.98 crore compensation (₹ 1.21 crore as compensation and around ₹ 77.61 lakh as interest) to the parents of a 32-year-old man who was killed.

The Tribunal also held the minor’s father responsible for failing to stop his minor son from driving, especially a Mercedes car, despite prior warnings. The court granted the insurance company the liberty to recover the compensation amount from the father’s company, on which name the vehicle was registered.

  1. Pune Porsche Crash, 2024: On 10.05.2024, Vedant Agarwal, a 17-year-old boy, crashed a Porsche into a motorbike in Pune’s Kalyani Nagar. 

The incident occurred when Agarwal, allegedly driving under the influence of alcohol, collided with a bike, killing two IT professionals on the spot. The case was controversial due to his status as a minor, which led to legal complications. 

Outcome: Despite the severity of the accident, the Juvenile Justice Board (JJB) initially handled the case, The JJB granted bail to the teenager and shortly after the incident and instructed him to write a 300-words essay on road safety sparking debates about appropriate punishment. 

The teen’s family has also filed a plea to recover the luxury car involved in the accident. However, following intense criticism, the JJB ordered that the juvenile to be sent to Observation Home. The 50-year-old father of the juvenile was taken into custody and questioned about the blood sample swap. 

The juvenile’s 77-year-old grandfather is accused of abducting the driver who was present at the time of the accident and forcing him to take the blame. The case is still pending for final outcome.

Conclusion:

High-profile hit-and-run cases in India expose critical gaps in the country’s road safety laws and justice system. Despite the Bharatiya Nyaya Sanhita and the Motor Vehicles Act, enforcement remains inconsistent. The influence of wealth and the slow pace of legal proceedings often lead to inequitable outcomes for victims and their families.

To ensure that India’s roads are safer and justice is served for all, stronger law enforcement, quicker legal processes, and greater transparency in trials are essential.

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This article was written and submitted by Sanskar and you can reach out to the author at Sanskar@bnblegal.com.