Wrong-side driving: What Indian law says on violations and penalties | India News | ACTPnews

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A police constable in Rajasthan’s Jhunjhunu district died on Sunday after he was struck by a car allegedly travelling on the wrong side of the road. While wrong-side driving is punishable under the provisions of the Motor Vehicles Act, the number of accidents caused by this violation has risen sharply in recent years.

 


Here is how Indian law deals with wrong-side driving and what penalties may apply.


The deadly toll of wrong-side driving


According to the Ministry of Road Transport and Highways’ Road Accidents in India 2023 report, wrong-side driving and lane indiscipline were responsible for 25,242 road accidents, 9,432 deaths and 24,435 injuries in 2023. The category accounted for 5.3 per cent of all road accidents and 5.5 per cent of all road fatalities recorded during the year.

 
 


The dangers are particularly evident on India’s high-speed road network. Official data show that wrong-side driving and lane indiscipline were linked to 7,596 accidents and 3,358 deaths on National Highways in 2023. In 2024, the figures stood at 6,925 accidents and 3,161 deaths.

 

In a written reply in Parliament in 2022, Road Transport and Highways Minister Nitin Gadkari said driving on the wrong side of the road had caused 20,228 accidents in 2020. 


Wrong-side driving accidents in India

 


Earlier this year, Delhi Police said 182 FIRs had been registered between January 3 and February 9 against motorists found driving against the designated flow of traffic. A senior police officer told PTI that wrong-side driving was being treated as a “serious offence” because it substantially increases the risk of head-on collisions and fatal crashes.

 


Delhi Traffic Police data show that by May 24 this year, authorities had issued 1,09,240 challans, served 88,060 notices and registered 1,578 FIRs against motorists found driving on the wrong side. During a special two-day drive on May 22 and 23 alone, police issued 12,568 challans, registered 1,170 FIRs and impounded vehicles.


What the law says


Indian law does not contain a standalone offence titled “wrong-side driving”. Instead, the act is dealt with through a combination of provisions under the Motor Vehicles Act, traffic regulations framed under it, and, in serious cases, criminal provisions under the Bharatiya Nyaya Sanhita (BNS).

 


The Motor Vehicles Act requires drivers to follow prescribed driving regulations and obey traffic signs.

 


Section 118 empowers the government to frame driving regulations, while Section 119 makes compliance with traffic signs mandatory. Violating lane discipline or driving against the permitted direction of traffic can therefore attract action under the Act and related regulations.

 


Where authorities determine that the manner of driving endangered other road users, they may invoke Section 184 of the Motor Vehicles Act, which deals with dangerous driving. The provision covers driving in a manner that is dangerous to the public having regard to all the circumstances of the case, including the nature and condition of the road and the amount of traffic.

 


In recent months, police agencies have increasingly relied on criminal law provisions as well. Delhi Police has said wrong-side driving is being prosecuted under Section 281 of the Bharatiya Nyaya Sanhita, 2023, which penalises rash or negligent driving on a public way that endangers human life or is likely to cause hurt or injury.

 


The offence is punishable with imprisonment of up to six months, a fine, or both.



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