Introduction

Road rage isn’t just an emotional outburst—it can quickly escalate into a criminal offence. With the advent of the Bharatiya Nyaya Sanhita (BNS), 2023, India’s new criminal code has redefined the legal remedies available to victims. Every citizen must be aware of their rights and the legal actions they can take when confronted with such situations.

Case Studies

• Delhi, 2018 – A man was fatally beaten following a minor collision. The case led to public debate on mob mentality and legal inaction.
• Pune, 2022 – A driver suffered grievous injuries after a verbal spat turned violent. Police registered an FIR under sections related to criminal intimidation and grievous hurt.

Controversies

• No Specific Definition: Indian law does not define “road rage” as a separate offence, causing confusion in FIR registration.
• Police Discretion: Victims often face hurdles in getting serious charges registered.
• Repeat Offenders: No legal mechanism tracks repeat violent drivers or mandates psychological evaluation.

Legal Provisions under New Criminal Laws

• Section 106 – Causing Death by Negligence
  Up to 5 years’ imprisonment + fine
• Section 124 – Voluntarily Causing Hurt
  Up to 1 year + fine up to ₹10,000
• Section 125 – Voluntarily Causing Grievous Hurt
  Up to 7 years + fine
• Section 127 – Wrongful Restraint
  Up to 3 months + fine up to ₹5,000
• Section 130 – Criminal Intimidation
  Up to 2 years or fine
• Section 138 – Rash and Negligent Driving
  Up to 1 year or ₹10,000 fine or both

Motor Vehicles Act Provisions

• Section 184 – Dangerous Driving
  Up to 6 months or ₹5,000 fine (Second offence: Up to 2 years)
• Section 185 – Driving Under Influence
  Up to 6 months or ₹10,000 fine

Judicial Pronouncements

• Sanjeev Nanda (BMW Case): Supreme Court ruled that gross negligence in driving causing death amounts to culpable homicide.
• Delhi HC (2020): Upheld criminal charges in a road rage beating, clarifying that such acts affect public order and peace.

What Should a Victim Do?

• Stay Safe: Move to a public space; avoid engaging with the aggressor.
• Document the Incident: Note vehicle number, capture video, gather witness info.
• Call Police: Dial 100 or use an emergency app to report the incident immediately.
• File FIR: Mention appropriate BNS & MV Act provisions.
• Seek Medical Attention: Get MLC from a government hospital.
• Contact a Lawyer: For criminal proceedings, bail hearing, or compensation claim.

FAQs

• Q1: Can I file an FIR even if no injury occurred?
  Ans: Yes. Wrongful restraint or intimidation qualifies under Sections 127 & 130 BNS.
• Q2: What if I was only verbally threatened?
  Ans: That is criminal intimidation under Section 130, and it’s punishable.
• Q3: Does road rage under alcohol influence carry extra punishment?
  Ans: Yes, Sections 184 and 185 of the Motor Vehicles Act apply.
• Q4: Can I sue for compensation?
  Ans: Yes, victims can file civil suits and also seek relief under MACT if applicable.

Legal Awareness by Advocate Saurabh Savara

Advocate Saurabh Savara, a practicing Advocate in the Punjab & Haryana High Court, is known for his work in criminal, civil, family, DRT, and MACT cases across Tri-City Chandigarh. He promotes free legal awareness through his Facebook platform:

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Disclaimer

This article is intended solely for the promotion of legal awareness and does not constitute legal advice. Reading this article or interacting with its content does not establish an advocate-client relationship. The information provided reflects general legal provisions under the Bharatiya Nyaya Sanhita (BNS), 2023 and the Motor Vehicles Act, 1988 (as amended). For specific advice, consult a qualified legal practitioner. No liability is accepted for actions taken based on this article.