Can I be arrested for a road accident caused by rash driving?

Yes, causing an accident through rash or negligent driving can lead to criminal liability and possible arrest, in addition to civil compensation claims. The severity depends on whether the accident caused hurt, grievous hurt, or death.

Key points

• Rash or negligent driving causing hurt or death is a criminal offence, separate from insurance liability.
• The seriousness of the charge increases with the extent of injury caused.
• Depending on the offence's classification, arrest may follow, but bail is often available.
• You may also be liable to pay compensation to the victim through the MACT.
• Cooperating with investigation and helping the victim can be viewed favourably.

Relevant law

Rash driving is an offence under Section 281 of the Bharatiya Nyaya Sanhita (BNS), 2023. Causing hurt or grievous hurt by a rash act attracts Sections 125, and causing death by negligence attracts Section 106 of the BNS, 2023. Compensation claims proceed under the Motor Vehicles Act, 1988.

What you can do

• Assist the injured person and cooperate with the police investigation.
• Apply for bail through a lawyer if arrest is likely, including anticipatory bail.
• Notify your insurer, as third-party liability may cover compensation.
• Consult a criminal/motor accident lawyer in Chennai to handle the case.