Charge under Section 105 of Bharatiya Nagarik Suraksha Sanhita, 2023 dismissed due to lack of evidence; other charges remain intact.
In a significant judgment, the Uttarakhand High Court has set aside the charge of rash and negligent driving under the influence of alcohol against Amar Singh, in a case that had drawn considerable attention. The charge, framed under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, was dismissed by the court due to insufficient evidence.
The revisionist, Amar Singh, had challenged the order of the Sessions Judge, Chamoli, who had earlier framed charges against him under Sections 105, 125(a), 125(b), and 281 of the B.N.S.S., 2023. The incident in question involved a tragic accident where the vehicle driven by Singh overturned near Shani Temple, Bedubagar, resulting in injuries to several passengers and the unfortunate death of one individual.
The defense argued that the accident was caused by the sudden burst of the left front tyre of the jeep, a claim supported by the technical inspection report. The report concluded that the accident occurred due to the tyre burst, not due to rash or negligent driving. Eyewitness accounts corroborated this, stating that Singh was driving normally and was not under the influence of any intoxicating substance.
The court noted that while the medical examination detected the smell of alcohol in Singh's breath, no scientific tests, such as a blood sample or breath analyzer, were conducted to confirm intoxication according to Section 185 of the Motor Vehicles Act, 1988. This section stipulates that a person is considered to be driving under the influence only if the alcohol content in the blood exceeds 30 mg per 100 ml.
Justice Alok Mahra, presiding over the case, found no prima facie evidence to justify the charge under Section 105 of the B.N.S.S., 2023. Consequently, the court intervened to set aside the charge, while allowing the trial to proceed under Sections 125(a), 125(b), and 281 of the B.N.S.S., 2023.
The judgment highlights the importance of thorough investigation and the necessity of scientific evidence in cases involving allegations of driving under the influence. It reinforces the principle that charges must be substantiated by concrete evidence, without which they cannot stand in court.
As the trial continues for the remaining charges, the case serves as a reminder of the legal standards required to uphold charges related to vehicular accidents and intoxication.
Bottom line:-
Charge under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 set aside due to lack of prima facie evidence of rash or negligent driving or intoxication by the accused. Charges under other sections of B.N.S.S., 2023 to remain unaffected.
Statutory provision(s):
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 105
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 125(a)
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 125(b)
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 281
- Motor Vehicles Act, 1988 Section 185
Amar Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2939859
