Punishment for Drunk Driving and Killing Someone in India
1. Legal Provisions on Drunk Driving
(a) Motor Vehicles Act, 1988
Section 185 – Driving by a drunken person or under influence of drugs:
If blood alcohol > 30 mg/100 ml or driver under influence, he is guilty.
Punishment:
1st Offence: Up to 6 months imprisonment or ₹10,000 fine, or both.
Subsequent Offence (within 3 years): Up to 2 years imprisonment or ₹15,000 fine, or both.
2. If Drunk Driving Causes Death
Here, IPC (Indian Penal Code) comes into play:
(a) Section 304A IPC – Causing Death by Negligence
If a person causes death by rash or negligent act (including drunk driving).
Punishment: Up to 2 years imprisonment, or fine, or both.
(b) Section 279 IPC – Rash Driving
Driving rashly or negligently on a public road.
Punishment: Up to 6 months imprisonment, or ₹1,000 fine, or both.
(c) Section 337 & 338 IPC – Causing Hurt/Grievous Hurt by Rash or Negligent Driving
If injuries caused.
Punishment:
Sec. 337: Up to 6 months or fine ₹500.
Sec. 338: Up to 2 years or fine ₹1,000.
(d) Section 304 IPC – Culpable Homicide Not Amounting to Murder
If it is proved that the driver knew that his act of drunk driving was so dangerous that it could cause death, he can be charged under Sec. 304 Part II (knowledge).
Punishment: Up to 10 years imprisonment, or life imprisonment, and fine.
👉 Courts increasingly apply Section 304 Part II IPC instead of just 304A in drunk driving death cases, since the act is considered more than “mere negligence.”
3. Case Laws
Alister Anthony Pareira v. State of Maharashtra (2012)
Drunk driving killed 7 people in Mumbai.
SC: Convicted under Sec. 304 Part II IPC (culpable homicide, not just negligence).
State v. Sanjeev Nanda (BMW Hit-and-Run Case, 2012)
Drunk driving killed 6 people in Delhi.
Conviction under Sec. 304 Part II IPC → 5 years imprisonment.
Naresh Giri v. State of M.P. (2008)
Drunk driver causing death → convicted under Sec. 304 Part II IPC.
4. Summary Table
| Situation | Law | Punishment |
|---|---|---|
| Driving drunk (no accident) | Sec. 185, Motor Vehicles Act | 6 months–2 years + fine |
| Drunk driving rashly | Sec. 279 IPC | 6 months + ₹1,000 fine |
| Drunk driving → injury | Sec. 337/338 IPC | 6 months–2 years + fine |
| Drunk driving → death (negligence) | Sec. 304A IPC | 2 years + fine |
| Drunk driving → death (knowledge of risk) | Sec. 304 Part II IPC | Up to 10 yrs / life + fine |
✅ In short:
Simple drunk driving = punishable under Motor Vehicles Act.
If it causes death = can be punished under IPC 304A (negligence) or IPC 304 Part II (knowledge) depending on circumstances.
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