Cases of death due to rash and negligent driving deserve no leniency, ruled the Supreme Court in a significant decision on Monday. Going a step further, the court even suggested the legislature to consider enhancing punishment under this offence. In a case arising out of a conviction under Section 304A of the Indian Penal Code, dealing with death due to rash and negligent driving, the Bench of Justices Dipak Misra and PC Pant noted that while sentencing the accused for such crimes, interest of the victims and the collective interest of the society must be kept in mind. A Patiala court had sentenced the accused Saurabh Bakshi to one year in prison.

Disposing the appeal on this order, the Punjab and Haryana High Court reduced the sentence to period already undergone allowing his early release. During pendency of appeal, the accused paid a sum of Rs85,000 to the kin of the victim, which was sought to be made a ground to reduce sentence. Moreover, the accused was of young age when he committed the crime in June 2007. Finding the reasoning of HC to be in the realm of “misplaced sympathy” making a “mockery of justice”, the apex Bench said, “The agony and anguish of the affected persons, both direct and vicarious, can have nightmarish effect. It has its impact on the society and the impact is felt more when accidents take place quite often because of rash driving by drunken, negligent or, for that matter, adventurous drivers who have, in a way, no concern for others.”

The situation becomes worse when such protagonists displaying youthful adventurism care two hoots for the law as they become confident to escape sentence by paying compensation. The Bench directed the accused to suffer imprisonment for six months. With immense anguish, it urged lawmakers to “scrutinise, relook and revisit the sentencing policy in the IPC Section 304A.”