Government officials in UP could soon be made accountable for fatal accidents due to potholes and bad roads and charged under IPC Section 304A (causing death due to negligence), if an order issued by state transport commissioner comes into effect. This is in sharp contrast to two recent cases in which police in Maharashtra and Karnataka had used the same section, ironically, against the families of accident victims.
In the recent case, which was reported by TOI on September 24, Maharashtra police booked a girl from Thane for the death of her mother, who was riding pillion on her scooter and died of injuries after a pothole-related accident.
UP transport commissioner K Ravindra Naik told TOI that he had written to all district magistrates, municipal corporations and development authorities of cities directing them to punish those responsible for `potholes' under section 304(A) of the IPC. “Dig as much as you can fill in a day . Why should pits be left opened on roads at night?“ said Naik. Section 304(A) clearly says: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.“
Naik said though a large number of people die due to overspeeding in UP , bad roads kill a significant number of road users every year. “The purpose behind issuing such a letter is not to create a scare but to educate and sensitise those in governance,“ he added. “Bad roads can kill anyone not just commoners. Officers need to act responsibly ,“ Naik said.
