The Pivotal Role of Intoxication in the Worli BMW Hit-and-Run Case

The tragic Worli BMW hit-and-run case has captivated the nation, with the prime accused, Mihir Shah, at the center of the controversy. As the investigation unfolds, a crucial question has emerged: what if Mihir Shah proves that he was not drunk at the time of the accident?

The Legal Implications

According to legal experts, if Mihir Shah can successfully demonstrate that he was not under the influence of alcohol during the incident, it could have significant implications for the charges he faces and the potential sentence he may receive.
“If he claims that he was not drunk at the time of the accident, the primary focus will be on fleeing the scene after the accident,” said Alay Rizvi, Partner at Accord Juris. Under the new Bharatiya Nyaya Sanhita (BNS) criminal law, the charges for hit-and-run are more severe compared to the Indian Penal Code.

Rohit Jain, Managing Partner at Singhania & Co, added that if Mihir Shah was not drunk, “charges specifically related to drunken driving will not apply, and charges under Section 281 and Section 106(2) of the BNS will apply.” Section 281 penalizes rash and negligent driving that is likely to endanger human life, while Section 106(2) holds the accused responsible for causing death, but does not constitute culpable homicide.
Reduced Culpability and Sentencing

Another expert, Kred Jure Managing Partner Ankur Mahindro, explained that the absence of alcohol would reduce Mihir Shah’s culpability, making it a case of negligence. “The accused would then need to explain how the accident occurred without any negligence on his part,” he said. If evidence suggests that Mihir Shah was not intoxicated, the additional charges under Section 185 of the Motor Vehicles Act, which deals with driving under the influence of alcohol, would not apply. This could potentially lead to a lesser prison sentence of up to six months, as opposed to the more severe punishments associated with drunken driving.

Challenges in Proving Intoxication

However, some legal experts argue that the absence of an immediate alcohol test at the scene of the accident may hinder Mihir Shah’s ability to prove his sobriety. Neelam Singh, an Advocate at the High Court of Allahabad, Lucknow Bench, stated that “his level of intoxication can be seen and checked only based upon the test which is required to be done soon after the accident, which in the present case is absent as he remained absconded for 2 days since the incident.”

Niharika Karanjawala-Misra, Principal Associate at Karanjawala & Co, added that the question of whether Mihir Shah had been drinking would have to be determined by witness testimony during the trial, as no medical test was conducted at the time of the accident.

The Importance of Witness Testimony

Experts suggest that Mihir Shah’s lawyers are likely to argue that the incident was merely an accident without any negligence or bad faith on his part. Kred Jure Managing Partner Ankur Mahindro emphasized the significance of witness testimony, stating that “a breath analyzer test is an instantaneous one and must be conducted on the spot. If the accused flees from the scene and there is a significant delay between the accident and the blood test, the allegations of drunk driving may lack merit.”

The Broader Implications

The Worli BMW hit-and-run case has sparked outrage and renewed discussions about road safety, drunk driving, and the accountability of the wealthy and privileged. If Mihir Shah can successfully prove that he was not intoxicated, it could have broader implications for the case and the public’s perception of the justice system.

Conclusion

As the investigation into the Worli BMW hit-and-run case continues, the question of Mihir Shah’s sobriety at the time of the accident remains a crucial factor. If he can demonstrate that he was not under the influence of alcohol, it could significantly impact the charges he faces and the potential sentence he may receive. However, the absence of an immediate alcohol test and the delay in his arrest pose challenges to his defense. Ultimately, the outcome of this case will have far-reaching implications, not only for Mihir Shah but also for the broader discourse on road safety and the accountability of the privileged in India.