Whether court should give benefit of probation of offenders Act in case of death in Road Accident?

  Bearing in mind the galloping trend in road accidents

in India and the devastating consequences visiting the

victims and their families, criminal courts cannot treat the

nature of the offence under Section 304-A IPC as

attracting the benevolent provisions of Section 4 of the

Probation of Offenders Act. While considering the

quantum of sentence to be imposed for the offence of

causing death by rash or negligent driving of

automobiles, one of the prime considerations should be

deterrence. A professional driver pedals the accelerator

of the automobile almost throughout his working hours.

He must constantly inform himself that he cannot afford

to have a single moment of laxity or inattentiveness when

his leg is on the pedal of a vehicle in locomotion. He

cannot and should not take a chance thinking that a rash

driving need not necessarily cause any accident; or even

if any accident occurs it need not necessarily result in the

death of any human being; or even if such death ensues

he might not be convicted of the offence; and lastly, that

even if he is convicted he would be dealt with leniently by

the court. He must always keep in his mind the fear

psyche that if he is convicted of the offence for causing

death of a human being due to his callous driving of the

vehicle he cannot escape from a jail sentence. This is the

role which the courts can play, particularly at the level of

trial courts, for lessening the high rate of motor accidents

due to callous driving of automobiles.’(Dalbir Singh

vs.State of Haryana (2000) 5 SCC 82, SCC pp.84-85 &

87, paras 1 & 13)”

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No. 85 of 2009.

Date of decision: 24th March, 2018.

Santosh Kumar  V State of Himachal Pradesh. 

Coram

 Mr. Justice Tarlok Singh Chauhan, Judge.

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Supreme court Guidelines for protection of good samaritans in case of road accident

In view of the aforesaid discussion, it is apparent that guidelines
and directions can be issued by this Court including a command for
compliance of guidelines and standard operating procedure issued by
Government of India, Ministry of Road Transport and Highways, till
such time as the legislature steps in to substitute them by proper
legislation. This Court can issue such directions under Article 32 read

with Article 142 to implement and enforce the guidelines which are
necessary for protection of rights under Article 21 read with Article 14
of the Constitution of India so as to provide immediate help to the
victims of the accident and at the same time to provide protection to
Good Samaritans. The guidelines will have the force of law under
Article 141. By virtue of Article 144, it is the duty of all authorities –
judicial and civil – in the territory of India to act in aid of this Court by
implementing them.
 We have carefully gone through the notification dated 12.5.2015.
However, as per the guidelines contained in para 13, the
‘acknowledgement’ if so desired by Good Samaritans, has to be issued
as may be prescribed in a standard format by the State Government. In
our opinion, till such time the format is prescribed, there should be no
vacuum hence we direct that acknowledgement be issued on official
letter-pad etc. and in the interregnum period, if so desired by Good
Samaritan, mentioning the name of Samaritan, address, time, date, place
of occurrence and confirming that the injured person was brought by the
said Samaritan.
 We have also gone through the notification dated 21.1.2016 with
respect to the examination of Good Samaritan by the Police as contained
in para 2(vii) which we modify and be read in the following manner :
“The affidavit of Good Samaritan if filed, shall be
treated as complete statement by the Police official
while conducting the investigation. In case statement
is to be recorded, complete statement shall be
recorded in a single examination.”
Remaining guidelines in the notifications dated 12.5.2015 and
21.1.2016 are approved and it is ordered that guidelines with aforesaid
modifications made by us be complied with by the Union Territories and
all the functionaries of the State Governments as law laid down by this
Court under Article 32 read with Article 142 of the Constitution of India
and the same be treated as binding as per the mandate of Article 141.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.235 OF 2012
Savelife Foundation & Anr. … Petitioners
Vs.
Union of India & Anr. … Respondents
Dated;March 30, 2016. 
Citation;AIR 2016 SC1617

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