Automated Cars, Electric Cars, Accident and Liability: Indian Laws
Autopilot aeroplane, the autopilot engine pulls the entire train. Surprising isn’t it! No human as a driver yet it flies, runs on the track, and even flies. Yes, with artificial intelligence this is possible. It’s already implemented. But today we will discuss only automated cars. Laws governing it and the liability in case of an accident. Tesla is likely to hit the roads in India. It’s an automated car. When it’s going to be part of our normal life, we must know what provisions of the law will be applicable to the crimes. In general Motor Vehicle Act, of 1988 is applicable to vehicles, licenses, crimes, accidents, etc. relating to vehicles on roads. We will limit today’s discussion to the area of accidents by self-driven automated cars. What are the laws which govern accidents by automated cars? First, we will see legal provisions under the Indian Penal code: Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. Section 279 in The Indian Penal CodeRash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Is offence cognizable under S279? The offence punishable under section 279 of IPC is a cognizable offence where the police have a right to arrest a person for an offence without a warrant, but such offences are bailable in nature and are triable by the Magistrate who is having the authority over the area wherein such offence has been committed. Now, what happens when an automated car meets with an accident? India: Motor Vehicle Act 1988 does not provide for an automated car. However, Section 2(9) says “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle. It means the person on the steering wheel is a driver and is an inclusive definition. But there is no provision for automated drivers. What is the difference between a vehicle and a motor vehicle? Vehicle means an Eligible Vehicle purchased by You being the vehicle specified on the certificate of insurance. Motor Vehicles means motor vehicles, tractors, trailers and other like property, whether or not the title thereto is governed by a certificate of title or ownership but does not include any vehicle or car operated on a rail or rails wither on or off […]
Read more