Hyderabad traffic police plan to arrest drunk co-passenger

Hyderabad Traffic police wants to know via social media what the public thinks of this and is also seeking legal advice.

Update: 2017-03-10 19:17 GMT
On Wednesday, a metropolitan court in Mumbai convicted the drunken duo of driver and passenger, and sent them to prison for a day and fined them Rs 2,000 each. (Representational image)

Hyderabad: After a judgement passed in Mumbai regarding the arrest of drunk co-passengers in the car along with the drunk driver, the Hyderabad Traffic Police is now thinking about the pros and cons of doing the same.

On Wednesday, a metropolitan court in Mumbai convicted the drunken duo of driver and passenger, and sent them to prison for a day and fined them Rs 2,000 each. Hyderabad Traffic police wants to know via social media what the public thinks of this and is also seeking legal advice.

After the tragic death of eight-year-old Ramya and her uncle Devi Reddy in an accident last year, the Hyderabad Traffic police have decided to be stricter with drunk drivers and also others in the vehicle.

Law on co-passenger could pose legal hurdle
According to Section 188 of the Motor Vehicles Act, 1988, abetment of dangerous or drunken driving fetches up to six months in prison and fine of up to Rs 2,000. A second offence means up to three years in prison or Rs 3,000 fine or both.

Senior advocate Sriranga Rao said, “So far there is no specific law to arrest the co-rider, but if such a law comes in, it will be tricky as the law will not be applicable to everyone. Suppose if a person takes a cab because he is drunk and, coincidentally, the driver of the cab is also drunk, it’s not the customer’s mistake because he has taken the cab to ensure his own and others’ safety. In  case of the accident that killed Ramya, everyone was charged as they were all minors and they were all drunk. If the prosecution fails to justify the guilt of the other accused, certainly they will be acquitted.”

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