3 days ago
Two collisions, both fatal, but Ahmedabad cops take different legal routes
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Ahmedabad: Two crashes. Two sets of lives lost. Yet the legal paths taken by the police in each case are strikingly disparate. It could mean the difference between languishing in jail for a decade or just two years.
Within three days of each other, a municipal truck driver in Jamalpur killed one man, while a teen motorist in Nehrunagar killed two scooter riders. But the charges they face under the Bharatiya Nyaya Sanhita tell two very different stories.
On Aug 7, E Division traffic police booked a municipal garbage truck driver for culpable homicide not amounting to murder. The FIR says 51-year-old Yasin Barafwala died after the truck, allegedly speeding through Jamalpur Pagathia, ploughed into several parked vehicles before hitting him.
The driver, Rahul Parmar, did not have a valid licence and drove recklessly. He was charged under the new BNS provision, replacing IPC Section 304 Part II, where the accused is believed to have acted with knowledge that their conduct was likely to cause death.
Conviction could mean up to 10 years behind bars.
By contrast, on Aug 10, N Division traffic police booked 20-year-old Rohan Soni under the lesser charge of causing death by negligent driving after his speeding car fatally struck two scooter riders in Nehrunagar.
This provision, akin to IPC Section 304A, applies when death results from rash or negligent acts without knowledge of likely fatal consequences. It carries a maximum of two years' imprisonment, or a fine, or both.
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In both incidents, witnesses and CCTV footage reportedly indicate that the accused allegedly drove at high speed in public areas, leading to loss of life. Yet the differing charges mean the potential prison terms for the accused vary dramatically — from a decade to just two years. While E Division treated the truck driver's actions as "showing knowledge of likely fatal consequences", N Division charged Soni with only "negligence" , despite witness accounts, CCTV footage and his past record of traffic violations.
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