Drunk driving and hit-and-run cases are among the most dangerous traffic offenses in India. When these two offenses combine, the legal consequences can be severe, involving multiple criminal charges, jail time, fines, and cancellation of driving licenses. In addition to this it ends up becoming a rather expensive affair for both parties, covering damages and injuries, and also results in a serious disruption of both involved parties lives. Hence, its our legal advice to consume alcohol only when one does not plan to, or require to drive at all.
This article will explain:
- What is considered “drinking and driving” under Indian law
- What qualifies as a “hit and run”
- The laws, penalties, and police procedure
- What to do if you are the accused or the victim
- When and how to get legal assistance
What Is Drinking and Driving?
In India, drinking and driving is an offense under Section 185 of the Motor Vehicles Act, 1988. A person is considered intoxicated while driving if:
- The blood alcohol concentration (BAC) is more than 30 mg per 100 ml of blood, as measured by a breathalyzer, or
- They show obvious signs of intoxication (slurred speech, smell of alcohol, impaired balance, etc.)
Apart from being a very irresponsible behaviour, drinking and driving increases the chances of life-changing or fatal mishaps manyfold. Avoid it as far as possible.
What Is a Hit and Run?
A hit-and-run case occurs when:
- A driver is involved in an accident (with a pedestrian, another vehicle, or property)
- And flees the scene without offering help or reporting the incident
This is a serious criminal offense, especially if it leads to injury or death.
Laws That Apply in Drunk Driving + Hit and Run Cases in India
A combination of multiple legal provisions is applied depending on the situation. Here's how it breaks down:
1. Section 185, Motor Vehicles Act, 1988 – Drunken Driving
Punishment:
- Up to 6 months imprisonment or
- ₹10,000 fine or
- Both
For subsequent offense: up to 2 years imprisonment, ₹15,000 fine
2. Section 279, IPC – Rash or Negligent Driving
Applies to reckless driving, even without alcohol.
Punishment: Up to 6 months in jail or ₹1,000 fine, or both
3. Section 304A, IPC – Causing Death by Negligence (Non-Intentional)
Used when someone dies due to drunken driving, but without intent to kill
Punishment: Up to 2 years in jail and/or fine
4. Section 304 Part II, IPC – Culpable Homicide Not Amounting to Murder
If it’s proven that the driver was aware that drunk driving could cause death and did it anyway, courts can apply this more serious charge
Punishment: Up to 10 years of imprisonment + fine
Section 304 Part II, IPC deals with culpable homicide not amounting to murder, where the act is done with the knowledge that it is likely to cause death, but without any intention to cause death. In drunk driving hit-and-run cases, courts may apply this section when it is proven that the driver was aware of the deadly risk but still chose to act recklessly.
5. Section 338, IPC – Causing Grievous Hurt by Rash or Negligent Act
Applied if a person is seriously injured
Punishment: Up to 2 years jail or fine or both
6. Section 134 of the Motor Vehicles Act – Duty of Driver in Case of Accident
Driver must:
- Stop the vehicle immediately
- Give medical aid or arrange transport for injured
- Report the incident to police or nearest officer
Failure to do this qualifies as hit and run.
Learn more about Indian traffic rules and your legal rights in our traffic laws guide.
Legal Procedure in Such Cases
FIR Registration: Police register an FIR under relevant IPC and MV Act sections.
Medical Tests: If the driver is caught or surrenders, they are subjected to a breathalyzer test or blood test to confirm intoxication.
Vehicle Seizure: The vehicle may be seized for forensic examination.
Court Proceedings: The accused is produced before a magistrate. Bail may be granted based on:
- Severity of offense
- Prior criminal history
- Risk of absconding
Can Bail Be Granted?
Yes, but depends on the sections applied:
- For 279 or 304A IPC, bail is usually granted.
- For Section 304 Part II IPC, bail is not easily granted because it is a non-bailable offense.
A strong legal defense is crucial if charged under harsher provisions.
What To Do If You’re the Victim?
- Call police immediately (dial 112)
- Get medical attention for any injuries
- Try to capture vehicle number / CCTV footage / photos
- Insist on filing an FIR at the nearest police station
- Contact a lawyer to:
- Track the investigation
- Assist with insurance claims
- File a compensation case under MACT (Motor Accidents Claims Tribunal)
What To Do If You’re the Accused?
- Do not flee the scene. This worsens the case legally.
- Call a lawyer immediately before giving any statement to police.
- Cooperate with breath/blood test, as refusal can be held against you.
- Explain circumstances clearly, especially if the accident was unavoidable or the injury was minor.
- Your lawyer may try to:
- Reduce charges from 304 Part II to 304A
- Plead for bail or probation
- Negotiate compensation settlement with victim’s family (in some cases)
Real-World Considerations
Courts treat drunken driving cases very seriously, especially if someone dies.
In 2023, courts in Delhi and Mumbai denied bail in high-profile hit-and-run cases where drivers were found heavily intoxicated.
Some judges treat such cases as intentional crimes, not mere negligence.
Legal Assistance – When to Get a Lawyer?
If you’re the accused:
- Immediately upon arrest or summons
- If charged under IPC 304 Part II
- During bail and trial
If you’re the victim:
- To ensure FIR is not diluted
- To assist in MACT compensation claim
- To represent you in criminal court as an intervener
Drinking and driving is dangerous—and if it results in a hit and run, the legal consequences are grave. Whether you’re the victim seeking justice or an accused person needing defense, it's critical to act wisely and legally.
With timely legal help, you can protect your rights, reduce the damage, and navigate the complex procedures of Indian criminal law. You can reach us via our contact page for more specific information pertaining to your particular case.
You may also be interested in Driving without insurance in India: legal penalties and claim problems (2025 Guide).
