How to investigate car accidents on the road ?

Why is it in the news ?

1.A teenage boy from a wealthy family of Pune killed two engineers by his car, who were riding on the bike on the road. The boy was alleged to have been drunk. Although the driver was sitting within the Porsche car, the teenager boy was driving the car. The accident occurred on the night of 19th May 2024.

2.The police arrested the mother, father and grandfather of the teenage accused. Her mother was accused of giving her blood sample so that it could be swapped with that of her 17 year old accused son. Similarly, his father was accused of swapping the blood sample of his son so that the blood test of the accused should not have the content of alcohol in his blood.  The grandfather was accused of abducting the driver and forcing him to take the blame for the accident that killed two software engineers. 

3.Police also arrested Ajay Tawde, the former head of the forensic medicine department at the state run Sasoon Hospital, Dr. Shri Hari Harnon, casualty medical officer and Atul Ghat Kamble, staff at the morgue for allegedly changing the minor’s blood sample in return for financial favours. The trio have since been  placed under suspension. 

4.Police is going to collect the DNA sample of the mother of the accused so that it can be matched with a swapped sample at Sasoon hospital. 

5.The accused teenage boy is under remand at an observation home in Pune till June 5th on the revised order of juvenile justice board. The interrogation is going on to ascertain the location of the accused teenager before the accident, about him driving the vehicle, about how the accident happened and what happened at Sasoon hospital. 

6.The police questioned the hospital nurses, leading to the revelation of  the accused mother's alleged involvement in the swapping of blood samples. 

7.The role of sitting MLA, Sunil Tingre of NCP (Ajit Pawar) who reached the Yerwada police station  immediately after the incident, is also being investigated by the police. 

8.Meanwhile the CM of Maharashtra Eknath Shinde has expressed grief over the Pune luxury car crash and promised that the guilty will not be spared. The CM Shinde assured parents of the killed engineers of thorough investigation in the case. He assured that he will personally monitor the case and will review it daily. 

Introduction 

1.Road accidents have been the leading cause of deaths worldwide. 

2.In 2019, a total of 4,49,002 accidents were reported across the country resulting in 1,51,113 deaths and 4,51,361 injuries to road users. This averages to almost 1230 accidents, 414 deaths daily.

3. The 5.04% of total roads in India comprise of national and state highways and have cumulatively accounted for almost 54% accidents and 60% deaths in the country with the balance 94% of Indian roads contributing to 45% of road accidents and 39% of deaths. The high number of accidents on highways are indicative of overspeeding being the primary cause for such accidents. 

How to investigate car accidents on the road? 

1.The main purpose of the whole investigation of an accident is to establish the cause of the incident.

2.The cause of the accident is necessary for the investigation of the case in order to fix responsibility upon the guilty, to make known the nature of the incident to the family members of the victim as to how the accident took place.  It is also necessary for safety authorities to make improvements so that such types of accidents can be prevented from re- occurrence. 

3.In a car accident, it is necessary to establish the identity of the location where the accident took place on the highways or roads.

• To identify the driver in a case where the owner of the vehicle alleges the theft of his vehicle. 

• To identify the vehicle in a hit and run case.

4.Collection of physical evidence from the scene of crime is of primary importance. Location of the vehicle may be sketched, photograph should be taken, dent on the accidental car should be taken note of. In case of collision the traces left on the car according to the principle of mutual exchange should be taken note of as per Locard's theory. 

5.At the crime scene following evidence should be collected -

• The location, direction and position of the accidental car. 

• Broken or damaged part of the vehicle.

• Greases and lubricants

• Glass pieces of various shapes and sizes.

• Tire impressions of the four wheels which are found either at sharp turns or where the vehicle has been reversed or when the brake has been used to lock the wheels.

• Skid marks. The formula of a skid mark is S = 5.5√CL where S is the speed of the vehicle (in miles per hour), C is the coefficient of the friction between surface of the road and the tyres of the vehicle and L stands for the length of the longest skid mark on the surface in feet. If the road is dry the value of C normally ranges between 0.69 and 0.75. For example, there is a skid mark of 32 feet and coefficient is 0.72, the speed of the car would be 26.4 miles/hr. 

• Dust,dirt or other debris fell from the suspect vehicle at the time of impact.

• Personal or vehicular articles left at the scene.

• Drag marks of the loaded material.

6.Following examination of the vehicle should be done   

• Finger and palm print, tool marks and fabric prints.

• Hair, fibres, blood stains or skin pieces from the victim, small broken parts or fragments of the vehicle or the article hit.

• Broken glass, paint, greases, lubricants from the vehicles which were hit and control samples from the suspected vehicles or similar articles to those left at the scene of crime.

• Cigarettes and Bidi butts from the vehicle.

• Mechanical fault of the vehicle.

• Evidence related to changes in paints and numbers on registration plate and serial number on engine and chassis. 

• Evidence related to overloading of vehicles. 

7.Following examinations of the victim / driver should be done

•  Injuries 

• Blood present on the clothes

• Hair, skin 

• Alcohol and narcotics in the body, if the victim has taken the same. 

• Signs of disease from post mortem report.

• Physical examination of the driver including his blood samples to ascertain whether he was drunk at the time of accident or have taken some narcotics and psychotropic drugs like heroin, morphin, charas, ganja or hasis, opium 

8. Collection of physical evidences 

• Take photographs and make sketches of the scene at the earliest without any disturbance at the place.

• Photographs and sketches should be taken in such a way that the location of the accident scene can be fixed by including some of the prominent fixed landmarks like milestones or any hoarding. 

• Photographs should be taken in such a way to show the identity of the vehicle, like the kind of vehicle or its number plate. 

• Before taking away  the vehicle, note down the reading of the speedometer, record the temperature of the vehicle, of the atmosphere and of the water in the radiator. 

Evaluation of the physical evidence

• Evaluation should be based upon logic and feasibility.

• The statements of witnesses should be corroborated with the collected physical evidence from the scene of crime.

• Relationships should be established between the marks and the person involved. 

• The investigator should develop his own interpretation about the crime. 

• The evidence of the eye witnesses should be reviewed. Are there any areas of agreement or disagreement or if there are disagreements, then why?

• The condition of the vehicle is to be examined as to whether the vehicle itself was the cause of the accident or not?

• What was the speed at the time of road accidents because overspeeding is one of the biggest causes of the crash. 

• Condition of the road and the ability of the driver and his physical health have also to be examined.

• By the measurement of the skid mark, the initial velocity of the accidental car can be ascertained. 

• The visibility and extent of the vehicle damage have to be ascertained. 

Conclusion

• The investigation of a vehicle accident is to ascertain the cause of the incident to establish the guilt of the accused in the court of law.

• In the investigation of vehicle accidents, physical evidence plays a very important role.

• In most of the hit and run or accidental cases, the vehicle involved may carry traces from the scene of occurrence or from other vehicles involved. 

• Skid marks play a very important role in measuring the initial speed of the accidental car. 

• Similarly, the extent of vehicle damage indicates the over speeding of the vehicle. 

Why do courts acquit criminals/accused?

 

Why do courts acquit criminals/accused?

Why is it in the news?

As per the news item published in the reputed Newspaper at Indore, the court acquitted three accused charged with murder and kidnapping of a 13 year old son of a medical shop owner. It was contended that most of the witnesses turned hostile and so the court acquitted the accused. The mother of the dead son was in the precinct of the court and she started sobbing but the accused came out with their smiling faces. Thus, the boy, who was killed, did not get justice even after his death.

Introduction

1.Once a crime is committed, the Police register FIR. Investigation goes on. 

• The investigation of an offence consists of proceeding of the investigating officer to the spot, ascertainment of facts and circumstances of the case, discovery and arrest of the suspected offenders, the examinations of various accused and the search of places or seizure of things considered necessary for the investigation and finally, formation of the opinion as to whether on the basis of materials collected, there is a case to present accused before the magistrate for trials and if so, taking the necessary steps by filing of a charge sheet under section 173 of crpc.

2.If there is sufficient evidence, the investigating officer produces a charge sheet in the court. The court starts the trial proceedings whereby examination chief, cross examination and re-examination of the witnesses, complainants and accused take place. The relevant documents are exhibited in the court of law before the accused. The Judge either convicts or acquits the accused on the basis of evidence brought before him. 

3.If there is sufficient evidence, the court convicts the accused as per the provision of Indian Penal court. If the court is not satisfied with the evidence brought before it, it may acquit the accused. 

Causes of the acquittal of the accused 

The acquittal of an accused can be attributed to the complexities of so many factors. These are -

• Insufficient evidence- If the prosecution fails to establish the guilt of the accused on the basis of insufficient evidence incriminating the accused, the court can acquit an accused. 

• Reasonable doubt- It is the duty of prosecution to prove the involvement of the accused in the crime beyond reasonable doubt. If the defence successfully introduces doubt about the involvement of the accused in the case, the court can give a verdict in favour of the accused by acquitting him. 

• Illegal evidence - If the court comes to the conclusion that the prosecution has obtained evidence unlawfully, it may not admit that illegal evidence in the court and this may lead to acquittal of the accused.

• False confessions - If defence proves that the confession of the accused was obtained by coercion, temptation, allurement or under duress, the court may not admit those confessions by the accused and this may lead to acquittal.

• Credibility of witnesses - If witnesses are inconsistent, biased , and their statements are contradicted by other evidence, it may create scepticism in the mind of the judge and he may acquit the accused because of the lack of accuracy among witnesses. 

• Failure in identification of unknown accused and stolen goods may lead to acquittal of accused.

• Alibi - If the defence successfully establishes the fact that the accused were far off from the place of occurrence of crime and it was not humanly possible to reach the place where the crime occurred, the court may presume that the accused are not involved in the commission of crime.

• If the expert testimony is challenged by the defence and their methodology or expert testimony is successfully impeached, the court may presume that the expert's testimony were vitiated and so it may acquit the accused. 

• Lack of jurisdiction- on account of lack of jurisdiction, the court can also acquit and accuse.

• Statutes of limitations -  The law dictates a specific time limit within which charges must be found. If the prosecution brings charges after the statute of limitation has expired, the accused may be acquitted due to the legal time limit. 

• Poor investigation - Investigation is the process of linking the chain of circumstances under which the crime occurred and the crime detected. If the Investigating Officer fails to establish the link of the occurrence and the detection of the crime and if there is a missing link, the court may acquit the accused. 

• Procedural violations - failure to adhere to legal procedure during evidence collection, statement of witnesses, arrest, searches can render evidence inadmissible in the court. 

• Political influence - Pressure from higher authorities or political masters can compromise the independence and impartiality of the investigation leading to the acquittal of the accused. 

• Resourceful and powerful accused - Sometimes accused are so powerful politically and economically that they exert enormous pressure upon witnesses, the police and the court. Moreover, these powerful accused hire reputed lawyers to defend their case. While the complainant and his government advocate can not match the legal knowledge and expertise of defence lawyers. This leads to the acquittal of the accused. 

• In addition, lack of expertise of the investigating officer, procedural violation, inadequate training and prejudice of the investigating officer are other factors for the acquittal of accused. 

Impact of acquittal of the accused on the society 

Society is disturbed whenever wrongful convictions take place or guilty individuals are acquitted. This leads to the erosion of public trust in law enforcement. The confidence of people in the criminal justice system is also shaken. Law and order situation worsens. Anarchy prevails. The prestige of police ebbs in the eyes of people. 

Conclusion

Acquittals of an accused occur on account of several factors. It is therefore pertinent that the comprehensive legal procedure is followed. The rights of the accused are safeguarded. The evidence is collected and scrutinised before producing them into the court of law so that the court can trust them. It must be remembered that as per the jurisprudence, every accused is innocent until proven guilty by the court. Efforts should be made to cross examine witnesses and accused in such a way that the court is satisfied with the collection of evidence and its authenticity. 

Can a Man be raped by woman?

 क्या पुरुष का भी बलात्कार होता है ? | Can a Man be raped by woman?

Why is it in the news?

1. Last year in 2022, four women raped a man at Jalandhar.

2. Delhi based center of civil society found that about 18% of Indian adult men reported by coerced or forced to have sex. Of those 16% claimed a female perpetrator and 2% male perpetrator. 

3. The incident of rape of man by woman is unreported in India because in a patriarchal society like us people do not take it seriously.

4. It is estimated that approximately 1 in 6 men were sexually abused as children.

5. Rape is thought to be a crime committed solely against women.

6. Men often do not report about sexual assault upon him by a woman because they are afraid that in case of reporting people will doubt their sexual orientation and label them homosexual. So, most of the time male victims try to conceal the rape on him.

7. It has been estimated in America that 10.5% men were raped by females.

What is rape?

1. In India, rape is always committed on female by male u/s 375 IPC when the sexual intercourse has been done against the will of the women, against her consent, and when consent has been obtained under threat of death or hurt or when her consent has been obtained by misrepresentation or when consent has been obtained by intoxicating her.

2. In India a rape will be committed when a girl is under 16 years of age and consent will be not applicable.

3. However, women is married to the man the act is not considered as rape whether or not she has consented. Only exception is that the wife must not be under 16 years of age or the couple is separated.

Akhilesh Jha. Legal Adda

What is the law of rape on man by woman in India?

    1. There is no such law for rape on adult man by woman in India

    2. However, under POCSO (Prevention of Children from Sexual offences),         there is a provision of gender neutrality. The irrespective of the gender                 whether boys or girls below 18 years, if they are sexually abused or exploited     or raped, the victim can file case against the accused under POSCO act

    3. In case of rape of man by woman there is no legal provision in India. At best     the offender can be prosecuted u/s 374 for unlawful compulsory labour. This         act punishes the offender for 1 year or with fine or with both if the accused         unlawfully compels any person to labour against the will of that person.

    4. The offence is cognizable, bailable, non compoundable and triable by any             magistrate.

Effects upon male victim

    1. The victim suffers from tension, headache, colitis, black eyes and soft             tissue injury and laceration.

    2. Social stigma upon male victim

    3.Post traumatic stress disorder 

    4. Male victims fear being labelled as homosexual or bisexual.

    5. Depression

    6. Alcoholism and drug abuse

    7. Suicidal thoughts

    8. Problems in intimate relationship

    9. Sense of being an inadequate man

    10. Sense of lost power and confidence

    11. The male victim needs extensive emotional and psychological healing             after the rape by female

Conclusion

    1. Like gender neutral law of POCSO, the rape law should also be made             gender neutral. 

    2. Since, Indian society particularly in metropolitan cities is changing fast and     because of the educational advancement among women, they have occupied     positions of authority in different departments, public sectors and private             sectors.

   3. Since, large number of women have occupied high positions in society ,             they are in the position to dominate or govern the will of her male                         subordinates and so sexual abuses or exploitation or rape by her on male         subordinates can not be ruled out

    4. Since, most of the developed countries in the world like US and UK                 amended the rape laws and made it gender neutral, it is incumbent upon the     Parliament in India to make rape law as gender neutral.

    5. Several PILs for making rape laws gender neutral filed in the Supreme             court were rejected. The judges contended that they could not amend the             IPC. It is the prerogative of the parliament to amend the rape laws.

    6. The myth that man can not be raped or sexually assaulted does not hold         water. The idea that man should be able to defend himself against attack             depends upon the different situation.

    7. Any man can be sexually assaulted regardless of size, strength,                         appearance, age, occupation or sexual identity.

If someone throws garbage infront of your house what will you do?

 

If someone throws garbage infront of your house what will you do?

1. Nuisance is anything that annoys or troubles 

2. According to section 268 ipc, a person is guilty of public nuisance who does any act which causes common injury danger or annoyence to the public or to the people in general who dwell or occupy property in the vicinity or which much necessarily cause injury, obstructions, danger, or annoyance to persons who may have occasion to use any public right

3. Nuisance is of two kinds public and private. Keeping a gaming house in the colony or running a brothel is an example of public nuisance. The branches of a tree hanging over the house of another is an example of private nuisance. A private nuisance affects some particular individual. 

4. Spreading infection, adulteration of food or milk, falling the water of any public reservoir, making atmosphere noxious to health are examples of public nuisance

Action under 34 police act, 

1. If anybody commits any of the following offences which causes obstructions, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall on conviction before a magistrate with a fine and also imprisonment for 8 days 

2. Police officer is empowered to  take that person into the custody without any warrant if he is guilty of 

1. Slaughtering of cattle's

2. Furious riding

3. Cruelty to animals

4. Obstructing passenger

5. Exposing goods for sell

6. Throwing dirt/stones/building materials/ rubbish into the streets

7. Being drunk or riotos 

8. Indecent exposure of person

9. Neglect to protect dangerous places

Under section 133 crpc, 

1. DM or SDM or any other magistrate is in power to take action on the police report in following situation

1. Unlawful obstructions or nuisance to any public place or to any way or river or channel lawfully use by the public 

2. Conduct of any trade or occupation, injurious to any health or physical comfort of the community

3. Construction of any building or the disposal of any substance which may cause explosion or conflagration

4. A building, tent or structure or a tree likely to fall or cause injury to persons 

5. An unfence tank, well or excavation near a public place

6. A dangerous animal requiring destruction, confinement or disposal

What law says about public nuisance regarding SC and ST?

1. If a person who is not a member of sc or st acts with the intend to cause injury insult or annoyance to any member of sc or st by dumping excreta, waste matter , carcases or any other obnoxious substances in his premises or neighbourhood shall be punished with the increment of imprisonment of 6 months or which can extend to 5 years.

Private nuisance

1. Interference must be unreasonable or unlawful 

2. There should be visible damage to the property or with the enjoyment with the property in order to constitute a private nuisance

3. Such interference has to be with the use or enjoyment of land 

4. Private nuisance is that kind of nuisance in which a person's use or enjoyment of his property is ruined by another it may also injuriously affect the owner of the property by physical injury to his property or by affecting the enjoyment of that property

What are the remedies available for nuisance ?

1. Injunction - it may be temporary or for limited period or may be permanent injunction

An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal right of another

2. Damages - it may be compensation to the aggrieved party, the court can award damages

Difference between nuisance and trespass

1. Simply entering into another individual’s property without the consent of the owner is called trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property then it will amount to a nuisance

For eg - planting a tree in someone’s land would amount to trespass whereas if a person plant a tree on their own land which then outgrows to the land of another would amount to nuisance

Conclusion

1. There are ample remedies available in crpc, ipc, torts and police regulations 

2. Since people in our country are not aware of these laws, they do not take recourse to remedies through these laws. Watch Full Video Here