MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Need For Revisiting And Reevaluating The Sentencing Policy Under Section 304A Delhi High Court

05 September 2024 5:57 AM

By: Admin


In a groundbreaking judgment, the Delhi High Court has taken a significant step towards addressing the issue of road safety by advocating for stricter penalties in road accident cases. The court’s observation in the case of Mohd Nasim vs. The State has paved the way for reevaluating sentencing policies concerning accidents on Delhi’s busy roads.

The judgment, handed down by the Delhi High Court, underscored the inadequacy of existing legal provisions to address the gravity of road accidents. The case in question involved a fatal road accident from 2009, and the court’s stance has far-reaching implications for road safety in the capital city.

“The need for revisiting and reevaluating the sentencing policy under Section 304A of the Indian Penal Code (IPC) cannot be overstated,” emphasized the Delhi High Court in its ruling. The court expressed deep concern about the current state of road safety and stressed the importance of imposing stricter penalties to deter reckless driving.

The judgment highlighted the prevailing casual attitude among drivers, particularly those behind the wheel of commercial vehicles, which often leads to tragic accidents. The court’s observation resonated with the urgency of addressing road safety and promoting responsible driving.

“A professional driver must be constantly vigilant and aware that a single moment of inattention can have devastating consequences,” noted the court in its ruling.

While delivering the judgment, the Delhi High Court took into account the case of Mohd Nasim, who was convicted for causing death by rash and negligent driving. The court acknowledged the petitioner’s legal history and the severity of the incident but emphasized the need for stricter penalties to serve as a deterrent for future accidents.

This landmark decision by the Delhi High Court calls for a critical reexamination of the legal framework concerning road safety in Delhi and, by extension, across the country. It serves as a reminder of the pressing need to align penalties with the gravity of road accidents and ensure a safer environment for all road users in the national capital.

Date of Decision: 03 November 2023

MOHD NASIM VS  THE STATE     

Latest Legal News