21-Year-Old Biker Killed by Wrong-Side Driver in Gurugram: What Indian Law Says

Recently a very tragic story happened on the road and it was very disheartening as it happened because of a person who was driving on the wrong side. A 21-year-old man, Akshat Garg, was killed during an early morning bike ride after a car driving on the wrong side hit his motorcycle on Golf Course Road in Gurgaon, police reported. The incident occurred around 5:45 am on Sunday as Garg, a travel service associate from Dwarka, Delhi, was riding with friends. 

The car, a Mahindra XUV 3XO, rammed into him just after he took a turn. Despite being taken to the hospital, Garg was declared dead. His friend and colleague, Pradhuman Kumar, who captured the incident on his Go-Pro, said Garg was a hardworking man who supported his family.

An FIR was registered against the driver, Kuldeep Kumar, who was arrested the same day. The case is being investigated under sections of rash and negligent driving, along with provisions of the Motor Vehicles Act. Police have been cracking down on wrong-side driving, issuing over 16,300 challans in August 2024 alone.

So Let’s understand the road laws if you kill someone in an accident where you are the one who is driving on the wrong side.

What Happens If You Accidently Kill Someone in a Road Accident?

In India, if you accidentally kill someone in a road accident while driving on the wrong side, it is considered a serious offence with both legal and criminal consequences. Here's what typically happens:

Legal Consequences

Filing of an FIR (First Information Report): The police will file an FIR against you under sections of the Indian Penal Code (IPC) that deal with causing death by negligence or rash and reckless driving.

Relevant Sections of IPC

Section 304A (Causing death by negligence): This section is applied in cases of accidental death. It carries a punishment of up to two years of imprisonment or a fine, or both.

Section 279 (Rash driving or riding on a public way): If found guilty of rash or negligent driving, you could face imprisonment for up to six months or a fine, or both.

Section 304 (Culpable Homicide not amounting to murder): In more severe cases, if your actions are found to be grossly negligent, you may face charges of culpable homicide (Culpable homicide is committed by someone who performs an act knowing that it would likely result in death, knowing that it will likely inflict bodily injury that will also likely result in death, or intending to cause death directly), which carries harsher punishments. Like- The punishment is imprisonment for up to ten years, a fine, or both.

Arrest and Bail

The driver can be arrested immediately after the accident. However, offenses under Section 304A are bailable, meaning you may be granted bail soon after the arrest, depending on the circumstances.

Compensation

The victim's family can file a civil suit for compensation under the Motor Vehicles Act, which might require the driver or the vehicle's insurance to compensate the victim's family financially.

Insurance Implications

If you have valid motor vehicle insurance, the insurance company may cover the compensation costs. However, driving on the wrong side may be seen as a violation of traffic rules, which could lead to insurance denial or reduced coverage.

Suspension of Driving License

Your driving license may be suspended, and depending on the severity of the offense, you may face a ban on driving for a specified period.

Court Proceedings

The case will likely go to trial. During the trial, evidence such as eyewitness accounts, CCTV footage, and expert testimony will be examined to determine the level of negligence or rashness involved.

Impact of Circumstances

The court will consider several factors, such as the degree of negligence, whether you were intoxicated, and whether the victim contributed to the accident, in determining the severity of the charges and punishment.

Driving on the wrong side and causing an accident is treated as a major traffic violation in India, so the penalties and legal process can be strict.