Police to file FIRs, confiscate licence, impound vehicles to curb drunk driving

MUMBAI: The fivefold increase in fines for drunk driving has clearly not deterred city motorists if the numbers are anything to go by. The number of people apprehended while driving under the influence has quadrupled, prompting the Mumbai traffic police to start registering FIRs against drunk drivers, and taking steps to cancel their driving licenses and impound their vehicles.

In 2023, the Mumbai traffic police nabbed 2,562 drunk drivers. Despite the fine for drunk driving going up from ₹2,000 to ₹10,000 for the first offence and ₹15,000 for subsequent offences, in 2024 the number of inebriated drivers caught by the Mumbai traffic police rose to 9,462, marking an almost fourfold increase over the previous year.

“We have observed that the penalty amount is not enough to deter drunk drivers, and therefore we have now started registering FIRs under the Bhartiya Nyaya Sanhita and the Motor Vehicles Act and cancelling driving licenses as well,” said Anil Kumbhare, joint commissioner of police, traffic.

Kumbhare said that 1,356 drivers were apprehended for drunk driving during the nakabandis across the city in the first three months of 2024. As the number was high, the traffic police intensified its focus on drunk driving, but in the first three months this year, the number increased to 2,264, prompting them to start registering FIRs.

In a special drive in the first two weeks of April, the traffic police registered 103 FIRs against drunk drivers across the city. They also publicised their names on the traffic police social media account and referred their licenses to the Road Transport Department for cancellation. “Now, we will start impounding the vehicles of those caught driving under the influence of alcohol,” said another traffic police officer.

Earlier, offenders who had alcohol exceeding 30 mg per 100 ml of blood, measured through a breath analysis test, were required to pay a deposit of ₹2,000. A Local Act Case would be registered at the nearest police station, and the person would be directed to appear in court, which then decided on the punishment—mostly a fine.

Now the FIR is registered against the offender under Section 125 of the Bhartiya Nyaya Sanhita, which pertains to the commission of an act that endangers the life or personal safety of others. “If the reckless act causes simple hurt, the punishment includes imprisonment of up to three months or a fine of up to ₹2,500 or both,” said the second police officer. “If the act results in serious injury, the penalties will be more severe. Additionally, Section 185 of the Motor Vehicles Act will also be slapped, leading to the seizure of the offender’s driving license and confiscation of the vehicle.”

Ajay Govale of the NGO United Way said that drunk driving was not a petty or small crime and had huge consequences. “The registration of FIRs will create a hindrance for motorists in obtaining passports, visas, and police clearance certificates required for jobs,” he said. “But this will work only if drivers realise that there is an increased probability of being caught and there is awareness of the actions of the traffic police.”

Experts said that the action by the traffic police would act as a deterrent only if it was continuous. “Enforcement is a major part of policing which should be done persistently and without prior intimation,” said Jagdeep Desai, traffic expert. “In the early 2000s, due to strict police action and nakabandis, drivers were aware of the consequences. But lately, the enforcement has gone down, making drivers nonchalant—besides which they are aware of the checkpoints and timings of the nakabandis and know how to evade them.” Taking a cue from this, police officials said that they had now strategised nakabandis and kept shifting the checkpoints so that drunk drivers could not evade them.

Harish Baijal, former deputy commissioner of Mumbai (traffic), who began the drive against drunk driving, quoted a dialogue from Schindler’s List: “Whoever saves one life, saves the entire world.” “Every life is important,” he emphasised. “This new stringent action was much needed, as the number of vehicles on the road and drivers are increasing.”

Statistics compiled by the state traffic police department show that at least 133 people were killed in 126 accidents involving drunk driving in 2022. In 2023, 67 people lost their lives to the menace, which appears to be increasing though stringent measures are being put in place.

As recently as April 3, a drunk CISF constable’s reckless driving resulted in the death of a 55-year-old homemaker, Hazra Shaikh. Shaikh, who was returning home after celebrating Eid with relatives, was in an auto with her daughters Shaheen and Shirin and her four-year-old nephew Shifan when the constable, Dodhiram Yadav, crashed his office SUV into their auto in Goregaon.

According to the police, Yadav was speeding and lost control of the vehicle, causing the SUV to jump the road divider and crash into the autorickshaw coming from the opposite direction. Although the CISF suspended Yadav soon after the incident, the traumatised Shaikh family said it wanted him to “rot in jail”. “There were no police check posts or any police presence on the roads though it was festival time,” said Jawed Shaikh, Hazra’s brother.

Shaheen said the festival turned into the worst day of their lives as they saw their grievously injured mother writhing in pain. “We will have to suffer all our lives because of the CISF constable’s negligence and his choice of getting behind the wheel after consuming alcohol,” she said bitterly. “I still cannot believe my mother is gone.”