The duty of investigating agencies to register cases under Section 304(ii) IPC for accidents caused by drunken driving and the directive to Magistrate Courts to consider appropriate punishment for drunken driving without mechanically imposing fines.

M.M.SUNDRESH, J.

1. Heard Shri.Shanmugasundaram, learned Senior Counsel for the petitioner, Shri.M.Maharaja, learned Additional Public Prosecutor for the respondent and perused the records.

2. Even though this Court is dealing with the bail applications, with dismay, it is constrained to take note of the disturbing trend in the ever increasing accidents taking away the lives of innocent hapless victims apart from causing grevious injury and loss of property, for no fault of theirs.

3. This great country has made giant strides in galloping speed in the field of automobile and transportation. Conventional mode of transport has been replaced by mechanical vehicles through the innovative automobile industry. Incidentally, India holds the dubious distinction of registering the highest number of road accidents in the world. According to the experts at the National Transportation Planning and Research Centre (NTPRC) the number of road accidents in India is three times higher than that prevailing in developed countries. The number of accidents for 1000 vehicles in India is as high as 35 while the figure ranges from 4 to 10 in developed countries.

4. Road Accident Statistics given by the Government of India upto the year 2004 and the estimated projections of accidents for the year 2015 are given hereunder:

Table 1 Road Accident Statistics

5. 80% of the road accidents are caused by human error. The unfortunate victims are predominantly male, within the age group of 5-44 years (approximately 70%). Therefore, the victims are the most productive section of the society. World Health Organisation in the Global Status Report on Road Safety has pointed out that speeding and drunken driving are the major contributing factors to road accidents. The Statistics also show that mostly young people between 18 to 35 more often indulge in drunken driving. According to National Crime Records Bureau (NCRB), the total number of deaths due to road accidents in India every year is now over 1,35,000. NCRB Report also states drunken driving as a major factor for road accidents. Our country has the dubious distinction of registering the maximum number of deaths in road accidents in the whole world.

6. This fact has been taken note of by the Honourable Apex Court in ALISTER ANTHONY PAREIRA vs. STATE OF MAHARASHTRA [2012 (1) SUPREME 34]. The facts narrated above are ground realities depicting a dark and scary picture of the future.

7. Mirza Galib, the 19th century poet has lamented thus: "Age travels at a galloping pace. We neither have the reins in our hand nor our feet on its stir-ups". While the life of the human being is measured between birth and death, the causes for termination of such a life are varied. Life is full of vissititudes. Life is as uncertain as a grape fruits squirt. However One's life cannot be taken away by any other except by the authority of law. In an accident there is absolutely no prior connection between the driver and the victim. However the driver becomes the cause for the termination of a victim's life. Therefore there is a predominant duty imposed upon the State and Courts to see to it that appropriate steps are taken and implemented to minimise the accidents.

8. About 2000 years ago, Great Saint Thiruvalluvar in Kural No.561 has said thus :

"TAMIL" [Taking cognisance of an offence in his realm, the king makes enquiries and imposes a penality, which is appropriate to the gravity of the offence and ensures prevention.]The saying reminds us of our duty towards the fellow human being in reducing the accidents for a better life. It is not only the responsibility of the State through its law making power and investigating agency, but the Courts also have an equal duty to see to it that they are implemented in letter and spirit.

Whether an accident involving a death of a driver in a drunken state would attract Section 304 (ii) IPC.

9. For the first time, this Court has come across a case in which for an accident due to