Road agencies may be booked for deaths caused by potholes

New Delhi: Road owning and maintaining agencies maybe penalised and booked under Indian Penal Code for fatalities caused due to poor road condition such as potholes and faulty design.

This clause would be included in the Motor Vehicles Amendment Bill. The parliamentary standing committee on transport has recommended a penalty provision in the bill to hold contractors and concessionaires accountable for faulty road design, construction and maintenance.

TOI has learnt that the ministry has accepted this recommendation, though the quantum of penalty is yet to be finalised. It has also accepted treating drunk driving cases resulting in death as culpable homicide not amounting to murder under IPC, which attracts a 10-year jail term or life imprisonment. At present, drunk drivers causing death are booked under 304A of the IPC attracting two year jail or fine or both.


According to the latest government data on road accidents in India, 10,727 people were killed in 2015 in crashes caused due to potholes, speed breakers and roads under construction or repair.

The parliamentary committee had said the bill introduced in the Lok Sabha did not address the issue of accidents caused due to faulty design and non-maintenance.

In fact, the Draft Road Transport Safety Bill, which the ministry prepared after death of former minister Gopinath Munde, had provisions for penalising agencies with fines up to Rs 10 lakh per person killed or disabled in crashes cause due to their design, construction or poor maintenance. But the bill never saw the light of the day.