Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304(II) IPC (culpable homicide not amounting to murder) as a charge against the accused, instead of Section 304(I) for merely reckless driving.

Justice Tirthankar Ghosh stated: "Normal reckless driving S,304(I) is okay....SC has settled the law. Person who is driving must know that he cannot drive after drinking. That fact is not recklessness. In normal course of driving recklessness can happen also. I am giving you the liberty to add the sections before the ACJM."

The court made these observations in a plea by the father of a boy who lost his life in an accident after being hit by a drunken driver. It was noted that no case had been registered by the police authorities. However, later a case was registered.

It was further noted that if the petitioner was dissatisfied by the nature of the investigation, the petitioner could approach the jurisdictional magistrate. 

Accordingly, the plea was disposed of. 

Case: SK. OSI VS STATE OF WEST BENGAL AND ORS.

Case No: WPA/28469/2024

Citation: 2024 LiveLaw (Cal) 271