Index of Contents

1. Introduction
2. Current Legal Framework in Pakistan
   1. Penal Code Provisions (Sections 279, 320, 322)
   1. Qisās–Diyāt Framework & Compounding
   1. Traffic and Motor Vehicle Laws
3. Why Accountability Fails
   1. Misuse of Section 322
   1. Bail and Compromise Culture
   1. Weak Evidence Collection
   1. Under-reporting & Data Gaps
4. Statistical Overview of Road Traffic Deaths in Pakistan
5. Comparative Jurisdictions (India, Nepal, Bangladesh)
6. Drawbacks in Pakistan’s Legal Framework
7. Recommendations for Reform
   1. Legislative Amendments
   1. Procedural & Enforcement Reforms
   1. Victim Compensation & Insurance
8. Draft Vehicular Homicide and Road Safety Accountability Bill, 2025
9. Expected Outcomes of Reforms
10. Conclusion
11. References

Executive Summary

Road crashes claim an estimated 28,000–38,000 lives annually in Pakistan, disproportionately affecting pedestrians (41%) and costing the economy nearly 3% of GDP. Yet, the Pakistan Penal Code (Sections 279, 320, 322) treats such deaths as largely bailable and compoundable offences, allowing offenders to escape meaningful punishment through diyāt settlements or quick bail.

This article argues for urgent legislative and policy reforms to move from a forgiveness-centric to a deterrence-oriented framework, aligned with Pakistan’s National Road Safety Strategy (2018–2030) and comparative models from India, Nepal, and Bangladesh.

Key Findings:

• Weak accountability: Section 322 imposes only diyāt, with no custodial punishment.
• Cultural compromise: Families often forgive offenders, undermining deterrence.
• Enforcement gaps: Lack of forensic crash investigation, BAC testing, and automated enforcement.
• Under-reporting: Official deaths (~5,000) grossly understate WHO/GBD estimates (28,000–38,000).

Recommendations:

Legislative Amendments

• Insert Section 320A: Aggravated Vehicular Homicide (5–10 years minimum).
• Insert Section 320B: Hit-and-Run Causing Death (3–10 years, non-compoundable).
• Amend Section 322: diyāt cannot replace taʿzīr punishment.
• Enhance Section 279: raise penalty to 5 years + mandatory license disqualification.
• Restrict bail under CrPC Section 497.
• Procedural & Enforcement Reforms
• Mandatory BAC/drug testing in fatal crashes.
• Establish forensic crash investigation units.
• Create a National Crash Database linking police–hospital–insurance records.
• Scale-up automated enforcement (speed cameras, red-light monitoring).
• Victim Justice & Compensation
• Establish a Road Victims Compensation Fund with no-fault payouts.
• Enforce compulsory third-party insurance.
• Judicial guidelines for minimum custodial sentences.

Expected Outcomes:

• Stronger deterrence: harsh custodial sanctions for reckless driving, DUI, and hit-and-run.
• Justice for victims: balance between diyāt and mandatory imprisonment.
• Data-driven safety: reliable crash statistics aligned with WHO.
• Regional comparability: reforms harmonized with India, Nepal, and Bangladesh.
• Economic savings: reduction in fatalities, healthcare costs, and productivity losses.

Conclusion:

Reforming Pakistan’s legal accountability framework is not just a legal necessity but a moral and constitutional obligation to safeguard human life under Articles 9 and 25 of the Constitution.

Abstract

Road traffic accidents represent a critical public safety challenge in Pakistan, with fatalities estimated between 28,000 and 38,000 annually. Despite this, legal accountability for road accidental deaths remains weak. This article examines the shortcomings in Pakistan’s current legal framework under the Pakistan Penal Code (PPC), particularly sections 279, 320, and 322, which often allow offenders to escape meaningful punishment due to bailable provisions, compound ability through diyāt, and procedural gaps. Drawing upon comparative perspectives from India, Nepal, and Bangladesh, this paper proposes reforms including the introduction of aggravated vehicular homicide, stricter penalties for hit-and-run cases, mandatory custodial sentences in cases of gross negligence, and the establishment of modern enforcement mechanisms. Recommendations are aligned with Pakistan’s National Road Safety Strategy (2018–2030) and international best practices, with a view to balance restorative justice with deterrence.

1. Introduction

Road traffic accidents are a leading cause of injury and death worldwide. In Pakistan, road safety has emerged as a critical public policy issue. The World Health Organization and Global Burden of Disease estimates indicate tens of thousands of deaths annually, with a disproportionate impact on pedestrians. Despite this, Pakistan’s legal framework treats road traffic fatalities largely as compoundable offences under the Qisās–Diyāt regime, with limited deterrence value. This article critically examines existing legal provisions, enforcement practices, and their shortcomings.

2. Current Legal Framework in Pakistan

2.1. Core offences (Penal Code, 1860):

• Section 279 – rash and negligent driving, punishable up to two years’ imprisonment, bailable. Related injury sections (e.g., S337-G for hurt by rash/negligent act) often accompany S279.
  Section 320 – qatl-i-khata by rash or negligent driving, punishable with diyāt plus up to ten years’ imprisonment.
  Section 322 – qatl-bis-sabab, punishable with diyāt only, generally bailable. — death caused by an act not intended to kill but creating liability: punishable with diyāt only (no fixed prison term under S322), so bail is generally granted as it does not fall within the “prohibitory clause.”
• The Pakistan Penal Code (PPC) addresses road traffic fatalities under several provisions:
  
  
• Qisās & Diyāt framework and compounding: Courts can accept compromise/forgiveness by heirs in homicide by mistake; diyāt is payable at the government-notified rate (updated yearly). For FY 2025-26 (notified Aug 18, 2025), diyāt per deceased equals the official silver-based amount set by the Finance Division.
• Traffic/sector statutes: Provincial Motor Vehicles Ordinances (1965) and the National Highways Safety Ordinance, 2000 create offences (dangerous driving, over-speeding, etc.) and empower NHMP; these typically add fines/disqualification but fatality prosecutions still run under PPC SS279/320/322.
• While these provisions technically criminalize negligent driving leading to death, in practice they allow bail and compromise, resulting in weak accountability.

3. Why Accountability Fails and Drivers Often Avoid Meaningful Punishment

3.1. Several factors explain why offenders often escape meaningful punishment:

• Misuse of Section 322 (diyāt-only), which results in compoundable outcomes.
• Bail ability of Sections 279 and 322 allows quick release on bail.
• Compromise culture – heirs frequently forgive offenders in exchange for diyāt or private settlement.
• Weak evidence – lack of forensic crash investigation, BAC testing, CCTV or digital speed evidence.
• Under-reporting and misclassification of road fatalities in official statistics.
• Charge selection & bail ability: Police frequently register S279 + S322 (or only S279). S322 is diyāt-only (non-prohibitory), and S279 is bailable—facilitating quick bail and weak leverage for custodial sentences. Misuse of Section 322 (diyāt-only), which results in compoundable outcomes.
• Compromise culture: Under the Qisās–Diyāt regime, heirs’ forgiveness/settlement (badal-i-sulh) often ends the criminal consequence beyond diyāt, even in egregious driving cases. (Courts routinely record compounding in negligent-death matters.)
• Proof deficits: Pakistan lacks routine forensic crash reconstruction, calibrated speed evidence, BAC/impairment testing, and reliable CCTV/speed-camera coverage—making “gross negligence” hard to establish. The national strategy itself flags enforcement and data gaps.
• Under-reporting & misclassification: Official totals substantially under-count fatalities versus WHO/GBD estimates, weakening policy and deterrence.
• Qisās & Diyāt framework and compounding: Courts can accept compromise/forgiveness by heirs in homicide by mistake; diyāt is payable at the government-notified rate (updated yearly). For FY 2025-26 (notified Aug 18, 2025), diyāt per deceased equals the official silver-based amount set by the Finance Division.
• Traffic/sector statutes: Provincial Motor Vehicles Ordinances (1965) and the National Highways Safety Ordinance, 2000 create offences (dangerous driving, over-speeding, etc.) and empower NHMP; these typically add fines/disqualification but fatality prosecutions still run under PPC SS279/320/322.

3.2 What the data shows

• Scale: WHO/observatory estimates place -28,000 road deaths in 2021; official national statistics report -5,000, while GBD estimates -38,000—a stark discrepancy. Estimated fatality rate -11.9 per 100,000 (2021).
• Who is dying: Pedestrians 41% of deaths (2021)—well above the Asia-Pacific average for vulnerable road users.
• Economic cost: Crashes cost US$12 bn (3% of GDP) (2021).
• Policy baseline: Pakistan’s National Road Safety Strategy 2018-2030 targets saving 6,000 lives by 2030 and calls for scale-up of automated enforcement/safe-system actions.

4. Road Accident Deaths in Pakistan: The Data

According to WHO and GBD estimates, Pakistan faces approximately 28,000–38,000 road fatalities annually. Official national statistics, however, report only around 5,000 deaths – reflecting severe under-reporting. Pedestrians account for approximately 41% of these deaths, which is significantly higher than regional averages. The economic cost of road crashes is estimated at around US$12 billion (3% of GDP).

5. Comparative Jurisdictions in the Region

India (Bharatiya Nyaya Sanhita, 2023, in force 2024-): India (Bharatiya Nyaya Sanhita, 2023) – Section 106(1): causing death by negligence punishable up to 5 years; Section 106(2): hit-and-run punishable up to 10 years

• S106(1): causing death by negligence in driving with reporting up to 5 years + fine.
• S106(2): hit-and-run (fleeing without reporting)-up to 10 years + fine. (A deliberate aggravation to deter fleeing.)

Bangladesh: Bangladesh Road Transport Act (2018) – Section 105 directs serious injury/death cases to Penal Code; bail restricted.

Penal Code S304A/S304B address death by negligence/rash driving (generally up to 5 years). The Road Transport Act 2018 S105 routes serious injury/death cases to the Penal Code and tightens bail; scholarship and commentary debate clarity/enforcement.

Nepal (National Penal Code, 2017): Nepal Penal Code (2017) – Section 181: reckless homicide, punishable with 3–10 years’ imprisonment.

• S181 (reckless homicide): 3–10 years + fine.
• S182 (negligent homicide): up to 3 years + fine. (Clear statutory tiers for reckless vs negligent.)

These examples demonstrate regional trends toward aggravated offences, mandatory custodial sentences, and deterrent measures.

6 . Drawbacks in Pakistan’s Legal Framework

Key weaknesses include:

• No aggravated tiers for DUI, extreme speeding, repeat offenders, or hit-and-run (where failure to stop/report should aggravate punishment). Current SS279/320/322 don’t differentiate well.
• Diyāt-only outcome under S322 (and generally compoundable resolution) dulls deterrence in fatal crashes caused by serious negligence.
• Low, discretionary custodial floors (no mandatory minimums) even under S320; many cases settle without imprisonment.
• Enforcement + evidence gaps (no nationwide per-se BAC standard with routine testing, limited automated speed enforcement, weak crash data system). The national strategy itself highlights these as work-in-progress.
• No aggravated tiers for DUI, speeding, repeat offenders, or hit-and-run.
• Diyāt-only outcomes under Section 322 undermine deterrence.
• Lack of mandatory custodial sentences.
• Weak enforcement and evidence collection.
• Absence of a national crash database and road victim compensation fund.

5) Recommendations to strengthen Pakistan’s framework

A. Substantive criminal law (PPC amendments)

Create tiered offences of vehicular homicide:

• Gross negligence/DUI/150%+ over limit-higher band (e.g., 5–10 years + fine + license consequences).
• Hit-and-run (failure to stop & report)-aggravated band (up to 10 years) even where underlying negligence is disputed. (India’s new BNS S106 is a regional template.)
• Provide that acceptance of diyāt does not bar a proportionate taʿzīr sentence in aggravated cases (statutory floor 0), balancing restorative justice with deterrence. (Courts note S322 is diyāt-only; the legislature can carve out aggravated exceptions.)
• Make aggravated vehicular-homicide and hit-and-run non-compoundable (or compoundable only with court oversight + minimum custodial term).

B. Procedure & evidence

• Mandate per-se BAC testing and drug screening in all serious crashes; empower police with immediate testing authority and evidentiary presumptions.
• Automated enforcement (average-speed cameras, red-light cameras) prioritized on motorways/arterials—already contemplated by the Strategy.
• Establish a national crash database with harmonized definitions (police–health–insurance link), aligned to WHO templates, to fix under-reporting and enable targeted enforcement.

C. Sanctions & victim justice

• Introduce mandatory driving-ban periods, compulsory re-testing, and vehicle impound for repeat dangerous driving.
• Create a Road Victims Compensation Fund (no-fault base + recourse to offender/insurer), and mandate third-party liability insurance enforcement at registration/fitness.

7. Recommendations for Reform

The following reforms are proposed:

Substantive Legal Amendments:
Insert Section 320A (Aggravated Vehicular Homicide) with minimum 5 years’ imprisonment.

• Insert Section 320B (Hit-and-Run Causing Death), non-compoundable, minimum 3 years’ imprisonment.
• Amend Section 322 to ensure diyāt does not absolve taʿzīr punishment.
• Amend Section 279 to increase maximum sentence to 5 years and mandate license disqualification.

8. Draft: Model “Vehicular Homicide and Road Safety Accountability Bill, 2025”

(Amending the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898)

1. Purpose

To strengthen accountability for deaths and serious injuries caused by motor vehicle accidents in Pakistan, aligning criminal law with international best practices, ensuring deterrence, justice for victims, and compliance with Pakistan’s National Road Safety Strategy (2018–2030).

2. Key Amendments to the Pakistan Penal Code, 1860

(a) New Section 320A – Aggravated Vehicular Homicide

Whoever, by rash or negligent driving of a motor vehicle, causes the death of any person, shall, where such act involves gross negligence, driving under the influence of alcohol or drugs, excessive speeding (more than 50% above the prescribed limit), racing, or driving without license, be punished with rigorous imprisonment for a term not less than five years and up to ten years, and shall also be liable to fine not less than five hundred thousand rupees.
Provided that such punishment shall be in addition to any liability to pay diyāt.

(b) Amendment to Section 322 – Death by Negligence (qatl-bis-sabab)

• Insert proviso:

Provided that where the act of negligence amounts to aggravated vehicular homicide as defined in S320A, diyāt shall not absolve the offender from the taʿzīr punishment prescribed.

(c) New Section 320B – Hit-and-Run Causing Death

Whoever, having caused the death of any person by driving, fails to stop, provide reasonable assistance, or report the occurrence to the nearest police station, shall be punished with rigorous imprisonment for a term not less than three years and up to ten years, and fine not less than three hundred thousand rupees.
This offence shall be non-compoundable.

(d) Amendment to Section 279

• Enhance punishment: from “up to two years” to up to five years and a fine.
• Introduce disqualification from holding a driving license for at least one year.

3. Amendments to the Code of Criminal Procedure, 1898

• Insert S497(1A): Bail restriction – offences under SS320A and 320B shall be deemed to fall within the prohibitory clause (non-bailable unless exceptional grounds).
• Court to record reasons if granting bail.

4. Road Safety & Enforcement Measures

1. Mandatory BAC Testing – Police shall conduct alcohol and drug tests in every fatal crash. BAC limit to be fixed at 0.03%.
2. Crash Investigation Units – Establish specialized forensic crash reconstruction units in each province.
3. National Road Crash Database – Integrated data from police, hospitals, and insurance for real-time monitoring.
4. License Sanctions – Convicts under SS320A/320B face mandatory license cancellation and retesting after ban period.
5. Road Victims Compensation Fund – To provide immediate relief (no-fault), funded by insurance pool + fines.

9. Policy Brief – Key Messages

• Pakistan loses -28,000–38,000 lives annually to road crashes (WHO vs GBD estimates).
• 41% of deaths are pedestrians, showing urgency for stronger deterrence.
• Current law (S322 diyāt-only, compoundable) dilutes accountability; reforms must balance restorative justice with deterrence.
• Adopting tiered offences, mandatory imprisonment for aggravated cases, and modern enforcement (BAC tests, cameras, database) would align Pakistan with regional best practices and global safety targets.

10. Procedural and Enforcement Reforms:

• Mandatory BAC and drug testing in fatal crashes.
• Establish crash investigation units in each province.
• Create a National Road Crash Database.
• Automate enforcement (speed cameras, red-light enforcement).

11. Victim Compensation and Insurance:

• Establish a Road Victims Compensation Fund.
• Ensure compulsory third-party motor vehicle insurance.

12. Expected Outcomes : Adopting these reforms would result in:

• Stronger deterrence against dangerous driving.
• Justice for victims through mandatory punishment plus diyāt.
• Data-driven enforcement and alignment with WHO standards.
• Regional comparability with India, Nepal, and Bangladesh.
• Economic benefits from reduced fatalities and healthcare costs.

13. Conclusion

Pakistan’s current legal framework inadequately addresses the severity of road traffic deaths. While rooted in the Qisās–Diyāt system, the law must evolve to introduce aggravated vehicular homicide, mandatory punishments for gross negligence and hit-and-run, and systemic enforcement reforms. Such measures will balance restorative justice with deterrence, reduce fatalities, and align Pakistan with international best practices and regional standards. The regional trend (notably India, Nepal) is tiering offences and aggravating hit-and-run/DUI, with custodial bands that do not disappear upon compensation—useful models for Pakistan’s reform. Pakistan’s current mix (bailable S279, diyāt-only S322, settlement culture, and weak evidence) often dilutes accountability in fatal crashes. Legislative tiering + aggravated hit-and-run + stronger evidence rules + automated enforcement + accurate data are the quickest wins. The 2018–2030 Strategy already points to many of these levers—what’s needed now is codification and scale-up.

References

1. Pakistan Penal Code, 1860.
2. Code of Criminal Procedure, 1898.
3. National Road Safety Strategy, 2018–2030.
4. Bharatiya Nyaya Sanhita, 2023 (India).
5. Penal Code of Nepal, 2017.
6. Bangladesh Road Transport Act, 2018.
7. World Health Organization, Global Status Report on Road Safety.
8. Global Burden of Disease Study.
9. Part I: Draft Bill :The Vehicular Homicide and Road Safety Accountability Bill, 2025
10. Part II: Policy Report

Part I: Draft Bill

The Vehicular Homicide and Road Safety Accountability Bill, 2025

(Amending the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898)

A Bill

to amend the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898 for the purposes of creating aggravated vehicular homicide and hit-and-run offences, enhancing punishments for rash and negligent driving, restricting bail, and ensuring justice for victims of road crashes.

WHEREAS

Pakistan suffers an unacceptably high number of road crash fatalities annually, with significant socio-economic cost;

AND WHEREAS
existing provisions of the Penal Code, particularly sections 279, 320 and 322, inadequately deter reckless drivers due to bailable offences, compound ability, and diyāt-only liability;

AND WHEREAS
the State is under constitutional obligation to protect life and provide access to justice under Articles 9 and 25 of the Constitution;

NOW, THEREFORE, it is expedient to amend the law as follows:

1. Short title and commencement

This Act shall be called the Vehicular Homicide and Road Safety Accountability Act, 2025 and shall come into force at once.

2. Insertion of Section 320A, Penal Code

After section 320, the following shall be inserted:

“320A. Aggravated Vehicular Homicide.—
Whoever causes the death of any person by rash or negligent driving of a motor vehicle, and such act involves gross negligence, driving under the influence of alcohol or drugs, excessive speeding (fifty percent above the prescribed limit), racing, or driving without a valid license, shall be punished with rigorous imprisonment for a term not less than five years and up to ten years, and with fine not less than five hundred thousand rupees:
Provided that such punishment shall be in addition to any liability to pay diyāt under section 323.”

3. Insertion of Section 320B, Penal Code

After section 320A, insert:

“320B. Hit-and-Run Causing Death.—
Whoever, having caused the death of any person by driving, fails to stop, provide reasonable assistance, or report the occurrence to the nearest police station, shall be punished with rigorous imprisonment for a term not less than three years and up to ten years, and with fine not less than three hundred thousand rupees.
The offence under this section shall be non-compoundable.”

4. Amendment of Section 322, Penal Code

At the end of section 322, insert:

“Provided that where the act of negligence amounts to aggravated vehicular homicide under section 320A, payment of diyāt shall not absolve the offender from punishment under taʿzīr.”

5. Amendment of Section 279, Penal Code

For the words “imprisonment of either description for a term which may extend to two years,” substitute “rigorous imprisonment for a term which may extend to five years,” and add:

“and shall also be liable to disqualification from holding a driving license for a term not less than one year.”

6. Amendment to Code of Criminal Procedure, 1898

In section 497, after sub-section (1), insert:

“(1A) Notwithstanding anything contained in this Code, the offences under sections 320A and 320B of the Pakistan Penal Code shall be deemed to fall within the prohibitory clause and shall be non-bailable, except on special grounds to be recorded in writing.”

7. Ancillary Provisions

The Federal Government may, by rules, prescribe—

• mandatory blood alcohol content (BAC) testing standards (per se offence at 0.03%),
• procedures for forensic crash investigation units,
• reporting to a national crash database, and
• integration of penalties with licensing authorities.

8. Savings

Nothing in this Act shall prejudice the right of heirs to diyāt under Chapter XVI of the Pakistan Penal Code.

Part II: Policy Report

(For advocacy and consultation)

Title:

Reforming Legal Accountability for Road Traffic Deaths in Pakistan: A Policy Proposal

Executive Summary

Road crashes kill between 28,000–38,000 people annually in Pakistan, disproportionately pedestrians (41%), and cost the economy around 3% of GDP. Yet, under the current Penal Code (SS279, 320, 322), most cases result in bail, diyāt settlements, or weak sanctions. Families rarely see justice.

This report proposes a tiered accountability framework through amendments to the Penal Code and CrPC—creating Aggravated Vehicular Homicide, Hit-and-Run Causing Death, enhanced penalties for rash driving, and limiting bail. Complementary policy actions (BAC tests, automated enforcement, victim compensation funds) are also essential.

1. Current Legal Position

• S279 PPC: rash driving – 2 years max, bailable.
• S320 PPC: qatl-i-khata (death by rash driving) – diyāt + up to 10 years.
• S322 PPC: qatl-bis-sabab – diyāt only, bailable.
• Compound ability: Heirs’ forgiveness ends prosecution.
• Traffic laws: limited to fines/disqualification, no deterrence in fatalities.

2. Why Accountability Fails

• Offences framed under S322 (diyāt-only).
• Quick bail under bailable sections.
• Compromise culture eliminates deterrence.
• Lack of BAC/drug tests, crash forensics, CCTV evidence.
• Under-reporting distorts scale of the problem.

3. Comparative Jurisdictions

• India (BNS 2023 S106): 10 years for hit-and-run.
• Nepal Penal Code (2017): 3–10 years reckless homicide.
• Bangladesh Road Transport Act (2018): bail restricted, PC S304A used.

4. Reform Recommendations

1. Legislative:
   • Insert SS320A & 320B (Aggravated Homicide; Hit-and-Run).
   • Amend S322 to prevent diyāt from replacing punishment.
   • Enhance S279 (rash driving) penalties + disqualification.
   • Amend CrPC S497 to restrict bail.
2. Procedural & Enforcement:
   • Mandatory BAC/drug tests.
   • National crash investigation units.
   • Integrated police–hospital crash database.
   • Road Victims Compensation Fund.
3. Victim Justice:
   • No-fault fund payouts within 30 days.
   • Compulsory third-party motor insurance enforcement.
   • Judicial guidelines on minimum custodial terms.

5. Expected Outcomes

• Deterrence: harsh custodial sanctions for DUI/speeding/hit-and-run.
• Justice: balance diyāt with mandatory imprisonment.
• Data-driven enforcement: national crash statistics align with WHO.
• Comparability: Pakistan’s law aligned with India, Nepal, Bangladesh.
• Economic savings: reduce fatalities, productivity loss, and health burden.

Conclusion:
Pakistan must move from a forgiveness-centric regime to a safety-oriented, deterrent framework. Legislative reform, paired with enforcement modernization, will save thousands of lives and restore public trust in justice.