Road accident? The law makes him pay.

Myth or fact?

What families are often told.

• Myth: An accident is an accident. Nobody can be punished for it.
• Fact: Rash or negligent driving that kills is punished with diyat and up to ten years (PPC s.320). If it injures: arsh or daman and up to five years (s.337-G).

The rule in the law.

Sections 320 and 337-G, PPC.

“Whoever commits qatl-i-khata by rash or negligent driving shall, having regard to the facts and circumstances of the case, in addition to diyat, be punished with imprisonment … which may extend to ten years. … Whoever causes hurt by rash or negligent driving shall be liable to arsh or daman specified for the kind of hurt caused and may also be punished with imprisonment … which may extend to five years as ta'zir.”

Pakistan Penal Code · Sections 320 and 337-G, Rash or negligent driving

What it costs him.

The money goes to the victim.

• A deathDiyat to the heirs, plus up to 10 years (s.320).
• An injuryArsh or daman for the kind of hurt, plus up to 5 years (s.337-G).
• DamanFixed by the court: treatment costs, loss of function, and anguish (s.337-Y).

Quick quiz. A compromise.

Guess first, then swipe for the answer.

• A. Yes, forgiveness ends it
• B. The court can fix diyat for the minors
• C. Only the police decide

Answer: B. Minors protected.

Sindh High Court, 2018 YLRN 193.

• The caseA s.320 compromise was allowed under s.345(2) CrPC, with the court's permission.
• The orderThe driver was directed to pay Rs.500,000 diyat for the minor heirs.
• WhyDiyat is fixed by the court, and the minors' interest was protected.

Myth or fact?

The speed argument.

• Myth: He was over speeding, so the case proves itself.
• Fact: The prosecution must prove rash and negligent driving. In one case, no vehicle inspection and no passenger witness led to an acquittal (2019 PCrLJN 55, Sindh).

Why cases fail.

Three High Court lessons.

• Who drove?A driver who fled at night: identification doubted, conviction set aside (2019 PCrLJ 655, Lahore).
• Medical reportsInjured witnesses with no medico-legal certificates weakened the case (same case).
• Saw it?A complainant who did not see the accident could not prove negligence (2018 PCrLJ 914, Balochistan).

After an accident.

Three steps that build the case.

• Hospital firstGet every injury examined and recorded.
• FIR with detailsVehicle number, place, time, and who was driving.
• WitnessesNames of passengers and bystanders. Ask for the vehicle to be inspected.

After a road accident?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A car hit my father on the road and he died. What case can we file?
• How is daman decided in a section 337-G case?

Example questions

What this does not mean

• Over speeding alone does not prove the case. The prosecution must prove rash and negligent driving.
• Cases have failed where the driver was not properly identified, injured witnesses had no medico-legal certificates, or the complainant did not see the accident.
• Diyat is fixed by the court, and the court can protect the interest of minor heirs when a compromise is allowed (2018 YLRN 193).

Questions people ask

Sources

• Pakistan Penal Code · Sections 320 and 337-G
  Rash or negligent driving Pakistan Code