Case Comment: Alister Anthony Pareira v. State of Maharashtra

Abstract

Earlier, cases of drunken driving resulting in an accident were determined in accordance with sections 337 and 338 of the Indian Penal Code, 1860 (IPC). Relatively lenient, these provisions warrant maximum punishments of imprisonment for 6 months and 2 years respectively. However the Supreme Court in Alister Anthony Pareira v. State of Maharashtra held that in a case where an allegation is raised regarding an accident being caused as a consequence of drunkenness, the investigating agency is bound to register the case under section of 304, IPC. Section 304 part II deals with culpable homicide not amounting to murder, and imposes a punishment of 10 years rigorous imprisonment. As a result, drunken driving has now been made punishable under section 304 part II as well as under sections 337 and 338, which deal with injury caused by negligence. The objective of this study is to provide a critical commentary of the aforementioned judgment.