Calcutta HC orders police to charge drunk drivers with culpable homicide

Kolkata: The Calcutta High Court has directed the police to adopt stricter measures against drunk driving, particularly when it leads to fatalities.

The court ruled that if a pedestrian, driver, or passenger dies in an accident caused by a drunk driver, the offender should be charged with culpable homicide not amounting to murder under Section 105 of the BNS.

On Monday, Justice Tirthankar Ghosh emphasised that serious accidents caused by drunk driving must be treated with the utmost gravity.

He highlighted that this approach is consistent with Supreme Court directives and urged state government lawyers to ensure such charges are filed in relevant cases. Justice Ghosh remarked, “The Supreme Court has provided specific guidelines on this matter.”

The court noted that while minor accidents might warrant some leniency, major incidents often see the absence of culpable homicide charges, a practice it questioned.

The directive emerged during the hearing of a case filed by a Howrah resident, whose son died after being hit by a drunk driver.

Dissatisfied with the police investigation, which only registered a general case, the petitioner moved to the High Court.

The court subsequently instructed the police to file culpable homicide charges.

Drunk driving penalties are already outlined under the Indian Traffic Act.

Drivers caught under the influence face fines and imprisonment ranging from six months to two years.

Section 185 specifies that blood alcohol levels

exceeding 30 milligrams per 100 millilitres are punishable, with uniform rules for all vehicle types.

First-time offenders are liable for a fine of Rs. 2,000 or up to six months in jail.

Repeat offenders face fines of Rs 3,000 and imprisonment of up to two years.

To curb such incidents, Kolkata and state police have intensified awareness campaigns and deployed breathalyser checkpoints.