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Thursday, November 22, 2012


In a matter of BMW car hit case, where on the intervening night of 9/10.01.1999, an unfortunate motor accident took place involving BMW car. The BWM car driven by the accused in a drunken state, had caused the death of six human beings and one injured. Bodies were lying on the road unattended.

The Supreme Court in State Tr.P.S. Lodhi Colony New Delhi Vs Sanjeev Nanda25 , observed:

The convict should serve the community, especially in crimes relating to motor vehicles. Serving the society actually is not a punishment in the real sense where the convicts pay back to the community which he owes. The conduct of the convicts will not only be appreciated by the community, it will also give a lot of solace to him, especially in a case where because of one’s action and inaction, human lives have been lost.

In the above case, the Supreme Court in addition to a prison sentence and fine held “the accused would do community service for two years which will be arranged by the Ministry of Social Justice and Empowerment within two months. On default, he will have to undergo simple imprisonment for two years”.

The question that arose for consideration was whether the respondent deserves to be held guilty of commission of offence under section 304 part II of the Indian Penal Code (IPC) or the conviction and sentences awarded to him by the High Court of Delhi, under section 304 A of the IPC should be held to be good and legally tenable. The Highest court held that the High Court committed an error in converting the conviction to section 304A of the IPC from that of 304 (II) IPC.

Prepared by: S. Hemanth
Advocate at Hemanth & Associates