The Calcutta High Court recently underscored the importance of invoking Section 304(II) of the Indian Penal Code (IPC) in drunk driving accidents where culpable homicide is evident. It observed that charging such offences under Section 304A IPC, which pertains to reckless driving, diminishes the gravity of these cases.

The matter arose from a plea by the father of a boy who lost his life in a drunk driving accident. The petitioner alleged that police initially failed to register a case, and while a formal case was later initiated, concerns lingered about the adequacy of the investigation.

Highlighting the seriousness of driving under the influence, the Court distinguished it from ordinary recklessness. It stated, “Normal reckless driving, Section 304A is okay... the Supreme Court has settled the law.

A person who is driving must know that he cannot drive after drinking. That fact is not recklessness. In the normal course of driving, recklessness can happen also. I am giving you the liberty to add the sections before the ACJM.”

The Court directed state advocates to ensure the application of Section 304(II) IPC (culpable homicide not amounting to murder) in such cases, noting that drunk driving constitutes a deliberate high-risk act.

Disposing of the plea, the Court advised the petitioner to approach the jurisdictional magistrate if dissatisfied with the investigation. The ruling highlights the need for stringent legal measures to ensure accountability in drunk driving incidents and justice for victims.