Accident convictions, rarest of rare

Abysmally low conviction rates in fatal accident cases continue to make a mockery of punishment as deterrent. Here’s why: Poor evidence-gathering mechanisms, prolonged trials and a compensation-oriented system that let the accused off the hook.

Reckless, negligent, pitch drunk! The charges against the driver flew thick and fast. The bleeding victims painted a ghastly, macabre picture of a road rush gone horribly wrong. They knew the driver, having violated every rule in the book, was clearly in the wrong. Yet, he walked free after paying a modest penalty! The accident accused had escaped through that legal loophole, yet again!

Abysmally low conviction rates in fatal accident cases have inevitably made a mockery of the concept of ‘deterrence.’ The public outcry against the truck driver in the infamous Hebbal accident case might have brought the enormity of the crime in sharp focus. But once the spotlight shifts, whether the law would take its course to appropriately punish the guilty driver is anybody’s guess!

If the conviction rate hovers around a miniscule five per cent or even less, who is to blame? Lawyers are convinced that the fault clearly lies with the police investigation. Evidences are not gathered, not enough witnesses are produced and the men in charge of such cases are not qualified enough, they say.

Compensation deals
But Additional Commissioner of Police, Traffic, B. Dayananda disagrees, contending that there are multiple factors and the law enforcers alone cannot be faulted. For instance, out-of-court compromises between the accused and the accident victims or their kin and compensation settlements involving lawyers themselves mean witnesses seldom come to give evidence.

Justice delivery also depends on how the judicial system interprets the law, points out Dayananda. In fatal cases, the investigation is taken up at the inspector level, while non-fatal cases are handled by the sub-inspectors and assistant sub-inspectors. But he admits that the police are handicapped by challenges of staff shortage that affect summons delivery and timely probe.

Preferring anonymity, a senior advocate admits that there are both lawyers and policemen keen to get even serious accident cases settled out of court. This clearly affects the conviction rate and in the process, subverts the normal course of law. Policemen in a few traffic police stations have an understanding with their chosen lawyers to refer accident cases that crop up in their jurisdiction.

Prolonged trials
Traumatised by the accident, victims or their relatives are often held up in hospitals or by emotional issues. Punishing the guilty takes a backseat as compensation claims take centrestage. They do not pursue the cases after a compromise is reached. The prolonged trial process also deters them. Witnesses also tend to lose interest when the case drags on for months or years.

However, it is the State’s responsibility to ensure that the punishment part proceeds simultaneously with the compensation claim. The person who caused the accident by negligent driving is also liable to be booked for a criminal offence.  

If a victim dies in a motor vehicle accident, the criminal case attracts Section 304A of the Indian Penal Code (IPC) that deals with death due to negligence. But the onus is on the State/police to prove that the vehicle concerned was driven in a rash and negligent manner. Here, the statements of the eye-witnesses, if any, become critical. These are to be produced during the trial.

Murder as accident?
Poor evidence gathering inevitably lets the accused off the hook. So, can a pre-planned murder be passed off as an accident? That is possible, and has happened before, say lawyers. When you can get away with two years of imprisonment and a small penalty, fatally knocking down someone takes on a very sinister hue. Are the law and law-enforcers capable of preventing this?

A top police official, who had overseen the City’s traffic scene a few years ago, feels it is not easy to disguise a deliberate murder as an accident. “Even if there is an iota of doubt, such cases are converted to murder under Section 302 of IPC. The motive is very important in a murder case,” he explains.

The courts, says High Court lawyer B K Chandrashekhar, cannot go beyond the case put up by the police. “In criminal cases, everything should be proved by the prosecution beyond doubt. If the police makes out a good case, then conviction will be a certainty,” he points out.

Unless this is ensured, the courts generally take the view that in accidents, there is no intention, “there is no mens rea  (a person’s awareness of the fact that his or her conduct is criminal),” as H B Abdul Azeem, a lawyer handling both civil and criminal cases, puts it. “The offence then becomes bailable.”  

Ill-equipped traffic cops
But how equipped are the police in evidence-gathering? Struggling to manage the City’s humungous vehicular traffic, the policeman on the street finds himself completely at a loss when an accident happens. As a constable puts it, his first priority would be to mark the spot, move the vehicle involved in the accident to the side, and clear the traffic jam that inevitably follows.

If it is a busy street, critical procedures such as taking photographs of the accident spot and collecting physical evidence are often given the go-by.

This very apparent loophole could be filled if the stress is on scientific investigation of accidents.

Senior police officials are on record stating that traffic could be entirely diverted from the spot till the investigation is completed. This should include collection of all vehicle splinters and other physical evidence, besides accurate photography from multiple angles. Modern gadgets could also come in handy.

Over the years, while leniency on traffic offenders has reduced, the conviction rate has not increased. “In the past, even fatal accident cases were treated leniently, and the accused let off with a penalty. Only if mandatory imprisonment goes with a hefty penalty, will punishment become a deterrence.” This observation by an experienced advocate aptly told the story.