# Road accident? The law makes him pay. > If someone dies: diyat to the heirs and up to ten years (PPC s.320). If someone is hurt: arsh or daman and up to five years (s.337-G). The prosecution must prove rash and negligent driving, not just speed. - Topic: Criminal law - For: Citizens - A 11-slide carousel: https://failegal.site/media/road-accident-the-law-makes-him-pay - Published by FAI Legal on 2026-10-12 ## 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) ## What it costs him. The money goes to the victim. - **A death** Diyat to the heirs, plus up to 10 years (s.320). - **An injury** Arsh or daman for the kind of hurt, plus up to 5 years (s.337-G). - **Daman** Fixed 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 case** A s.320 compromise was allowed under s.345(2) CrPC, with the court's permission. - **The order** The driver was directed to pay Rs.500,000 diyat for the minor heirs. - **Why** Diyat 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 reports** Injured 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 first** Get every injury examined and recorded. - **FIR with details** Vehicle number, place, time, and who was driving. - **Witnesses** Names 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?** ## 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 ### What is the punishment for an accident death in Pakistan? Under s.320 PPC, causing death by rash or negligent driving means diyat to the heirs plus imprisonment up to ten years. ### What is the punishment for injuring someone in a road accident? Under s.337-G PPC, the driver is liable to arsh or daman for the kind of hurt caused, and may also get up to five years. ### How is daman decided in Pakistan? Daman is fixed by the court, taking into account treatment costs, loss of function, and anguish (s.337-Y PPC). ### Can a road accident death case be compromised? In one Sindh High Court case, a s.320 compromise was allowed under s.345(2) CrPC with the permission of the court. The driver was directed to pay Rs.500,000 diyat for the minor heirs (2018 YLRN 193). ### What should I do after a road accident to build the case? Get every injury examined and recorded at the hospital. File the FIR with the vehicle number, place, time and who was driving, note the names of passengers and bystanders, and ask for the vehicle to be inspected. ## Sources - Pakistan Penal Code · Sections 320 and 337-G: Rash or negligent driving --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.