Road Safety & Justice Reckoner – India

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📖 About This Initiative

This is India's first comprehensive digital ready reckoner for road safety and accident response. Designed for citizens, drivers, medical professionals, and law enforcement, it provides clear, legally accurate information based on:

Bharatiya Nyaya Sanhita (BNS) 2023 - New criminal code
Indian Penal Code (IPC) - For reference and transition
Motor Vehicles Act 1988 (as amended)
Supreme Court Guidelines on road safety and Good Samaritan protection
Ministry of Road Transport & Highways notifications

⚡ IMMEDIATE ACTION: What To Do After a Road Accident

1. STOP & SECURE
Stop vehicle immediately. Switch on hazard lights. Place warning triangle 50m behind

2. CHECK FOR INJURIES
Assess yourself and others. Do NOT move seriously injured persons unless fire/danger

3. CALL EMERGENCY - 112
Provide exact location, number of injured, severity. Stay on line

4. DOCUMENT EVERYTHING
Take photos/videos: vehicles, damage, injuries, skid marks, license plates, location

5. DO NOT FLEE
Leaving = Hit & Run (BNS 281) = 10 years jail + fine. Stay at scene

6. HELP INJURED PEOPLE
You are legally protected (Good Samaritan Law). Transport to hospital if safe

7. EXCHANGE INFORMATION
Names, phone numbers, addresses, license plates, insurance details, witness contacts

8. COOPERATE WITH POLICE
Give honest statement. Request copy of FIR. Note officer's name & badge number

⚠️ NEVER DO THIS:

Flee the scene (Hit & Run - 10 years imprisonment)
Move injured person with spinal injury
Argue or fight with other party
Admit fault or sign any document without reading
Give money to police or other party at scene
Consume alcohol after accident (tampering evidence)

⚖️ Key Laws & Penalties

Bharatiya Nyaya Sanhita (BNS) 2023 - New Criminal Code

BNS Section 106 - Causing Death by Negligence

Offence: Causing death by rash or negligent act not amounting to culpable homicide

Penalty: Up to 5 years imprisonment + fine

Example: Overspeeding, not maintaining vehicle, driving while fatigued

BNS Section 281 - Rash/Negligent Driving (General)

Offence: Rash or negligent driving endangering human life or personal safety

Penalty: Up to 6 months imprisonment or ₹1,000 fine or both

BNS Section 125(a) - Causing Hurt by Rash/Negligent Act

Offence: Causing grievous hurt by rash or negligent driving

Penalty: Up to 5 years imprisonment + fine

BNS Section 125(b) - Endangering Life/Safety

Offence: Endangering human life or safety of others

Penalty: Up to 3 months imprisonment or ₹500 fine or both

IPC Sections (Still Referenced)

IPC Section 279 - Rash/Negligent Driving

Penalty: Up to 6 months imprisonment or ₹1,000 fine or both

IPC Section 304A - Causing Death by Negligence

Penalty: Up to 2 years imprisonment or fine or both

IPC Section 337 - Causing Hurt by Endangering Life

Penalty: Up to 6 months imprisonment or ₹500 fine or both

IPC Section 338 - Causing Grievous Hurt

Penalty: Up to 2 years imprisonment or ₹1,000 fine or both

Motor Vehicles Act - Traffic Penalties

Offence	Section	Penalty
Driving without License	181	₹5,000
Driving without Insurance	196	₹2,000 + 3 months jail (first) / ₹4,000 + 3 months (repeat)
Drunk Driving	185	₹10,000 + 6 months jail (first) / ₹15,000 + 2 years (repeat)
Overspeeding	183	₹1,000-2,000 (light) / ₹2,000-4,000 (medium/heavy)
Overloading	194	₹20,000 + ₹2,000 per extra tonne
Not Wearing Seatbelt	194B	₹1,000
Not Wearing Helmet	194D	₹1,000 + license suspension
Using Mobile While Driving	177	₹1,000-5,000
Dangerous Driving	184	₹1,000-5,000
Hit & Run (Death)	161 (BNS 106(2))	₹25,000 minimum + up to 10 years jail

🏥 Hospital Admission Rules in Emergency Cases

✓ Your Rights

Immediate treatment is mandatory - No hospital can refuse emergency care
No payment required upfront for life-saving treatment
No police clearance needed before starting treatment
Identity not required initially - Treatment first, paperwork later
Free treatment under PMJAY if eligible (Ayushman Bharat)

Legal Framework

Supreme Court Order (Save Life Foundation vs. Union of India, 2016): No hospital can refuse emergency treatment
Clinical Establishments Act: Mandates immediate care
Indian Medical Council Regulations: Doctor's duty to treat

Hospital's Mandatory Actions

1. Immediate Care

Stabilize patient, provide first aid, start life-saving procedures without any delay

2. MLC Report

Create Medico-Legal Case report with injury details, time, patient condition

3. Police Notification

Inform nearest police station within 24 hours (medico-legal cases)

4. Proper Records

Maintain detailed medical records, consent forms, treatment documentation

What Hospitals CANNOT Do

❌ Refuse admission for emergency cases
❌ Demand payment before treatment
❌ Wait for police permission to start treatment
❌ Delay care for paperwork or formalities
❌ Refuse treatment due to lack of identity proof
❌ Detain patient for non-payment (except planned procedures)

Violation = IPC 166 (Public servant disobeying law) + Professional misconduct

👨‍⚕️ Duties & Responsibilities of Doctors

Doctor's Primary Duty: SAVE LIFE FIRST

All administrative, legal, and procedural matters come AFTER emergency stabilization.

Mandatory Actions

Immediate emergency care - No questions asked, treat first
Implied consent applies if patient is unconscious or unable to consent
No delay for police formalities - Police can interview after stabilization
Prepare MLC (Medico-Legal Case) report with:
- Date, time, and place of examination
- Patient's identification (if known)
- Nature and extent of injuries
- Possible cause (sharp object, blunt force, etc.)
- Opinion on whether hurt was grievous or simple
Inform police in cases of:
- Road traffic accidents
- Assault/violence injuries
- Suspicious deaths
- Poisoning cases
Maintain confidentiality except when legally required to disclose
Provide discharge summary and necessary certificates

Legal Protection for Doctors

Doctors acting in good faith during emergencies are protected from legal liability:

BNS Section 26: Act done in good faith for benefit of person without consent (emergency)
IPC Section 92: Protection for acts done in good faith for another's benefit
Supreme Court Guidelines: No harassment of doctors treating accident victims

Penalties for Negligence

Refusing emergency care: Medical Council disciplinary action + criminal case
Delayed treatment causing death: IPC 304A / BNS 106 (Death by negligence)
Professional negligence: License suspension/cancellation + compensation

📋 If Death Occurs - Complete Protocol

Immediate Steps by Hospital

1. Doctor Declares Death
Time recorded, cause of death opinion given

2. MLC Report Completed
Full injury description, treatment given, time of death

3. Police Informed Immediately
Body preserved, no release until police clearance

4. Inquest by Police
Magistrate/police officer examines body, records circumstances

5. Post-Mortem (if required)
Mandatory in unnatural deaths, determines exact cause

6. Body Released to Family
After all legal formalities, with death certificate

When is Post-Mortem Mandatory?

All unnatural deaths (accidents, suicides, homicides)
Sudden deaths with unknown cause
Deaths within 24 hours of hospital admission
Deaths under suspicious circumstances
When requested by family (with valid reason)

Death Certificate & Legal Documents

Death Certificate: Issued by hospital/municipal authority
Post-Mortem Report: By forensic doctor
Inquest Report: By police/magistrate
FIR Copy: For insurance and compensation claims

Compensation & Claims

Motor Accident Claims Tribunal (MACT)

File within 3 years of accident

Compensation for: Death, permanent disability, medical expenses, loss of income

Average compensation: ₹15-50 lakhs (varies by age, income, dependents)

Insurance Claims

Personal Accident Cover, Life Insurance

Third-party liability (mandatory for all vehicles)

Documents needed: FIR, death certificate, post-mortem, medical bills

🤝 Good Samaritan Law - Your Protection

Supreme Court Judgment (2016)

"Savelife Foundation & Ors vs Union of India & Anr"

The Supreme Court issued comprehensive guidelines protecting Good Samaritans who help accident victims.

Who is a Good Samaritan?

Any person who, without expectation of payment or reward and without duty to do so, helps an injured person:

At the scene of accident
During transportation to hospital
By calling emergency services (112, 108)
By providing first aid

✓ Your Complete Protection

No police harassment: You cannot be forced to disclose personal details
No court summons: Unless absolutely necessary, you won't be called to court
No liability: Protected from civil/criminal liability for injury/death during rescue
No detention: Police cannot detain you or your vehicle
Voluntary statement only: Give statement if you want, not mandatory
No repeated questioning: Police cannot call you repeatedly for same case
Examination-in-Chief by affidavit: If called to court, written statement allowed

What You Should Do

Help immediately - every second counts
Call 112 (emergency) or 108 (ambulance)
Shift victim to hospital (if safe to move)
Give your contact details to hospital (optional but helpful)
If police asks, give brief statement and leave

What You Should NOT Do

Don't be afraid - you are legally protected
Don't hesitate thinking you'll be blamed
Don't worry about blood on your vehicle/clothes
Don't expect any reward or benefit

💚 Be the Change

Every year, 1.5 lakh people die in road accidents in India. Many deaths could be prevented with immediate help. YOU can save a life!

😡 Road Rage - Laws, Concerns & Suggested Reforms

Click to access our comprehensive road rage awareness and prevention platform

What is Road Rage?

Aggressive or violent behavior by a driver, characterized by:

Intentional ramming of vehicles
Physical assault on other drivers/passengers
Threatening gestures, abusive language
Dangerous overtaking to intimidate
Blocking/chasing other vehicles

Current Laws (Often Inadequate)

IPC/BNS Sections Applicable

BNS 115 (IPC 323): Voluntarily causing hurt - up to 1 year
BNS 117 (IPC 325): Voluntarily causing grievous hurt - up to 7 years
BNS 351-352 (IPC 503-506): Criminal intimidation
BNS 281 (IPC 279): Rash/negligent driving
BNS 109 (IPC 308): Attempt to commit culpable homicide

⚠️ The Problem

Road rage cases are increasing (47% rise in 2022-23)
Most cases are bailable - offenders released immediately
No specific deterrent punishment
License suspension is rare
Psychological counselling not mandatory
Delayed justice - cases take years

🔧 Suggested Comprehensive Reforms

1. Create Specific Road Rage Offence

Make severe road rage a non-bailable offence with minimum 5 years imprisonment

Define clear categories: Minor, Major, Grievous

2. Immediate License Suspension

Automatic suspension for 6-12 months on filing of FIR

Permanent cancellation for repeat offenders

3. Heavy Financial Penalties

₹50,000 - ₹5 lakhs based on severity

Compensation to victim: ₹2-10 lakhs

4. Mandatory Anger Management

Certified counseling sessions (minimum 20 hours)

Psychological evaluation before license restoration

5. Fast-Track Courts

Dispose cases within 6 months

Use CCTV, dashcam footage as primary evidence

6. Public Registry of Offenders

Maintain state-wise database

Visible mark on license for road rage convicts

7. Vehicle Seizure

Impound vehicle for 30-90 days

Forfeit vehicle in extreme cases (used as weapon)

8. Awareness Campaigns

Nationwide "Zero Tolerance for Road Rage"

Educate drivers during license renewal

What YOU Can Do if Victim of Road Rage

1. Stay Safe - Don't engage, lock doors, drive to police station/public place

2. Record Evidence - Use dashcam, phone camera, note vehicle number

3. Call 112 - Report immediately, share location

4. File FIR - Go to nearest police station, get copy of FIR

5. Medical Examination - Get MLC done if injured

6. Legal Action - File case under BNS sections, claim compensation

📱 Essential Apps & Helplines

📞 Emergency Numbers

112: All India Emergency
108: Ambulance
100: Police
1073: Road Accident Emergency
1033: Fire

📲 Useful Apps

Emergency 112: Official emergency app
mParivahan: Digital DL/RC, challan payment
Parivahan Sewa: Vehicle registration
Sarthi: Learning license, test

🖨️ Emergency Quick Reference Card (Print This)

EMERGENCY CONTACTS

ALL INDIA: 112 | AMBULANCE: 108

After Accident:

STOP - Don't flee (10 yrs jail)
CALL 112 immediately
HELP injured (legally protected)
DOCUMENT - photos, videos
EXCHANGE info with other party

NEVER: Flee, move spinal injury, admit fault, give money

📚 Additional Resources

Ministry of Road Transport & Highways: morth.nic.in
National Crime Records Bureau (Accident Data): ncrb.gov.in
Motor Vehicles Act (Full Text): Available on India Code website
Bharatiya Nyaya Sanhita 2023: Check legislative.gov.in

💡 Did You Know?

India accounts for 11% of global road accident deaths with only 1% of world's vehicles
1.5 lakh people die every year on Indian roads (400+ daily)
Golden Hour: First 60 minutes after accident are critical - 80% deaths preventable
53% of accident victims are in 18-35 age group
Two-wheelers account for 44% of total accidents
Over-speeding causes 70% of fatal accidents