Prosecutor General (PG) Hussain Shameem has stated that individuals involved in accidents may face criminal charges. He made the remark in response to claims that those involved in accidents cannot be criminally charged under the current laws.
In a blog post, PG Shameem said that one of the principles of the criminal justice system is to compensate others for the damage caused by a person's reckless actions. He said another principle is that a person should bear legal responsibility for actions that cause harm to others, if it is a criminal offense. As such, he said that it is a mistake to believe that individuals involved in accidents will not have to face criminal charges under the current laws.
Additionally, PG Shameem provided a detailed explanation of the provisions within the Penal Code that criminalise driving without proper observation on the road. He emphasised that the degree of intent for this offense can be established through four distinct factors, namely intention, knowledge, reckless conduct, and negligence. He clarified that a specific degree of intent must be proven for any offence, and if no specific degree is indicated, reckless conduct will be presumed by default.
Furthermore, PG Shameem highlighted the significance of possessing a driving license as a prerequisite for safely operating a vehicle. He emphasised that obtaining a driving license is a matter of great importance, considering the potential risks to people's lives and property caused by the manner in which individuals drive. He also pointed out that if an accident involves an individual without a license, the law recognises their actions as demonstrating reckless conduct. He, however, noted that the investigation can establish a higher degree of intent, such as intentional causation of the accident with the aim of causing harm or injury to another person.
PG Shameem clarified that in situations where both parties involved in an accident are found to be negligent, the investigation will examine their respective defenses. He said that the Prosecutor General's Office holds the authority to pursue criminal charges in relation to accidents, and currently, there are four such cases under court review. He also highlighted that a verdict has been reached in one such case, serving as evidence that the courts recognise the possibility of individuals involved in accidents facing criminal charges.