Maximum punishment in Karachi Karsaz Road accident case.

A tragic incident on Karsaz Road in Karachi has resulted in the death of two individuals and injuries to three others. The accident, reportedly caused by a woman driving a Toyota in a reckless manner, has sparked significant public interest and demands for justice. The case has raised questions about the legal framework surrounding traffic violations in Pakistan. As a lawyer, I’m here to break down the legal charges and potential consequences involved in this case.

According to Traffic Police Deputy Inspector General Ahmad Nawaz Cheema, the woman was driving extremely negligently when she collided with a motorcycle while turning from Tipu Sultan Road onto the service road of Muslim League House. The car then hit two more motorcycles before overturning and crashing into a parked car. This accident led to the deaths of Imtiaz Arif’s brother and niece.

Imtiaz Arif has filed a police report at Bahadurabad police station, which has led to the registration of an FIR (First Information Report). The FIR includes several charges under different sections of the Pakistan Penal Code (PPC). Here’s a detailed look at these sections:

Legal Breakdown of the FIR

Section 320: Punishment for Qatl-i-Khata by Rash or Negligent Driving

• Definition: This section deals with cases of “qatl-i-khata” (unintentional murder) caused by rash or negligent driving.
• Punishment: The accused can face a sentence of up to ten years in prison along with a monetary compensation (diyat).
• Bailable: Yes.
• Compoundable: Yes. This means that the victim’s family can potentially reach a settlement with the accused.

Section 337-G: Punishment for Hurt by Rash or Negligent Driving

• Definition: This section addresses cases where the rash or negligent driving results in injuries.
• Punishment: The accused may face imprisonment of up to five years or a monetary compensation (arsh or daman).
• Bailable: Yes.
• Compoundable: Yes. The injured parties can potentially settle with the accused.

Section 279: Rash Driving or Riding on a Public Way

• Definition: This section pertains to driving or riding in a manner that endangers human life.
• Punishment: The accused can be sentenced to up to two years in prison, a fine of 3,000 rupees, or both.
• Bailable: Yes.
• Compoundable: No. This means that this charge cannot be settled privately and must be addressed through the legal system.

Section 427: Mischief Causing Damage to the Amount of Fifty Rupees

• Definition: This section covers damage to property caused by mischief.
• Punishment: The accused may face up to two years in prison, a fine, or both.
• Bailable: Yes.
• Compoundable: Yes, but only if the damage is to private property and the matter is settled between the parties involved.

Bailable and Non-Bailable Offences

In this case, all charges against the woman are bailable. This means that she is entitled to bail upon her first appearance before the magistrate, even if she is arrested. The community's concern is that, despite her financial means to pay fines, there is a strong desire for her to face a more severe punishment.

The Severity of Section 320

Section 320 is particularly significant because it involves the highest potential sentence of ten years. However, such a sentence is not automatically applied. It depends on various factors, such as the circumstances of the accident and the driver’s history of traffic violations. In this case, there is currently no indication of habitual violations or racing, which might influence the application of this section.