Published Oct 21, 2026 | 7:00 AM ⚊ Updated Oct 21, 2026 | 7:00 AM
A special statewide drive conducted from 7 am on 13 October to 7 am on 17 October resulted in cases being registered against 6,199 people. (iStock)
Synopsis: The death of three youngsters in the Nedumbassery Mini Cooper crash has revived the demand for tougher action against drunk driving in Keralam. With ministers calling for a special law, the scope of vehicular homicide has also entered the discussions.
“Drunken driving has become a menace to our society,” the Supreme Court warned in 2012, pointing to alcohol’s impact on judgment, reflexes, coordination and vision.
Fourteen years on, the warning has once again acquired a grim relevance in Keralam, where the death of three 21-year-olds in the Nedumbassery crash on 11 October has reignited the debate over punishment for drunken driving.
The 19-year-old accused driver allegedly had blood alcohol levels of 161 mg and urine alcohol levels of 230 mg, according to medical records cited in the prosecution report.
As demands grow for tougher penalties, the state is weighing a special law to address offenders who put lives at risk on the road.
Transport Minister CP John has called for special legislation to curb drunk driving. Home Minister Ramesh Chennithala vowed stringent action against those driving under the influence of alcohol or narcotic substances.
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Keralam is weighing the need for a special law to tackle drunk driving, with Minister John calling for imprisonment and vehicle seizure to ensure offenders don’t get away with a nominal fine. The demand for tougher action comes amid concern over the number of road accidents and deaths linked to driving under the influence of alcohol.
In an interview with Sabha TV, the Kerala Legislative Assembly channel, on 17 October, John said the menace had to be dealt with an iron fist. MLA Vishnu Mohan anchored the programme.
John said the proposed legislation should provide for stringent punishment, including jail terms and impounding of vehicles, instead of allowing offenders to escape with a small fine. He also called for cases in which drunk driving leads to a person’s death to be treated as murder rather than culpable homicide.
“Someone who gets drunk and then causes grievous injuries or even death cannot be tolerated,” John said, underlining the need for a strong legal deterrent.
Chennithala, meanwhile, said in Thrissur on 19 October that there would be no compromise on drunk driving. He said the police had been asked to take stringent action against offenders.
Pointing to the latest road accident figures, Chennithala said the state was facing a serious situation, with drunk driving emerging as a major factor in accidents. He cited stringent laws in foreign countries to underline the need for effective enforcement in Keralam.
“Incidents such as the one at Nedumbassery are indeed murder. There will be no compromise when human lives are at risk. Strict enforcement is not harassment,” he said.
The statements came amid Kerala Police’s intensified action against motorists driving under the influence of alcohol.
A special statewide drive conducted from 7 am on 13 October to 7 am on 17 October resulted in cases being registered against 6,199 people.
The drive was carried out by mobilising police units across the state under the supervision of zonal Inspector Generals, range Deputy Inspector Generals and district police chiefs, following instructions from ADGP (Law and Order) P Vijayan.
Ernakulam Rural recorded the most cases, with 710, followed by Thiruvananthapuram Rural with 497 and Kottayam with 456. Kasaragod reported the lowest number, with 75 cases.
Officer Vijayan said drunk driving was a major cause of road accidents and fatalities. He said vehicle inspections would continue in the coming days.
The figures prompted Chennithala to reiterate that the situation was serious and that stronger enforcement was essential to protect lives. The proposed special law, meanwhile, seeks to ensure that drunk driving, particularly when it results in fatal accidents, attracts punishment proportionate to the consequences.
In 2024, police registered 149 drunken driving cases, of which 13 were fatal. The incidents claimed 17 lives and left 51 people grievously injured.
The figures worsened in 2025, when police registered 180 cases, including 21 fatal accidents. The death toll rose to 23, while 103 people suffered grievous injuries.
The state recorded 35,873 road accidents and 2,702 deaths up to August 2026. The number of cases linked specifically to drunken driving during this period, however, is yet to be made available.
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A Motor Vehicles Inspector (MVI) said some countries had adopted stringent legal provisions to deal with fatal crashes caused by intoxicated drivers.
“In Italy and some US states, including Texas and Florida, a driver who causes a death while displaying extreme disregard for human life can face vehicular homicide charges. High levels of intoxication, excessive speed and driving against traffic can be considered while deciding the nature of the charge and the punishment,” the official said.
Japan, too, treats deaths caused by intoxicated driving as a serious criminal offence, with prison terms of up to 20 years in certain cases, the inspector said. Such provisions reflect a tougher approach towards drivers who knowingly put other road users at risk, the official added.
The MVI official said, ‘The remarks by the Transport and Home Ministers describing fatal drunken driving incidents as murder could lend weight to the proposal for a provision similar to vehicular homicide. However, the scope of such an offence, the circumstances under which it could be invoked and the punishment it would carry would have to be worked out in consultation with the Law Department.”
In India, Section 185 of the Motor Vehicles Act, 1988, prescribes punishment for drunk driving when the blood alcohol concentration exceeds 30 mg per 100 ml of blood.
A first offence can attract a fine of up to ₹10,000, imprisonment for up to six months, or both.
A subsequent offence within three years can invite a fine of up to ₹15,000 and imprisonment for up to two years, besides action against the driving licence.
When a drunken driving incident results in death, the charge depends on the circumstances and the evidence available.
Section 106(1) of the Bharatiya Nyaya Sanhita (BNS) provides for punishment for causing death by a rash or negligent act that does not amount to culpable homicide. The maximum punishment is imprisonment for up to five years and a fine.
In cases where the prosecution establishes the knowledge required for culpable homicide not amounting to murder, Section 105 of the BNS may apply. It carries a punishment of up to 10 years’ imprisonment or life imprisonment, depending on the circumstances.
Section 103, which deals with murder, applies only when the evidence establishes the ingredients of that offence.
Supreme Court rulings in PS Lodhi Colony v. Sanjeev Nanda and Alister Anthony Pareira v. State of Maharashtra, both decided in 2012, have examined criminal responsibility in fatal road accidents involving reckless driving.
However, a fatal crash involving alcohol does not automatically amount to culpable homicide. The prosecution must establish the offence’s necessary elements.
A Law Department official said any proposal to enact a separate state law against drunken driving would require detailed legal scrutiny.
“Motor vehicles fall under Entry 35 of the Concurrent List, which empowers both Parliament and state legislatures to make laws on the subject. If a state law conflicts with an existing central law, Presidential assent under Article 254(2) may be necessary for the state provision to prevail within the state,” said the official.
The law also allows increasing fines without enacting an entirely new law.
Section 210A of the Motor Vehicles Act empowers state governments to apply a multiplier of up to ten times the prescribed fines, subject to the conditions laid down under the Act.
“If a vehicular homicide provision is to be introduced, the law could presume that a person who voluntarily consumes alcohol or narcotics and then drives is aware of the risk of causing a fatal accident. This could help address cases in which offenders seek to portray a death as a mere accident or an act of negligence, and ensure that such cases are examined under more serious criminal provisions,” the Law Department official said.
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(Edited by Majnu Babu)
