Key Points
Worli BMW hit-and-run case: If it is proved that Mihir Shah, the prime accused in the Mumbai BMW hit-and-run case, was not drunk during the accident, it could have large legal implications and may lead to a lesser prison sentence for him, which could be up to six months, legal experts told LiveMint..
Shah denied that he was drunk but admitted that he was behind the wheel at the time of the accident that caused the tragic death of a 45-year-old woman in Mumbai...
"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, adding that under the new criminal law Bharatiya Nyaya Sanhita (BNS), the charges for hit and run are more severe compared to Indian Penal Code...
Rohit Jain, Managing Partner, Singhania & Co added, "If the person was not drunk at the time of the accident, charges specifically related to drunken driving will not apply, and charges under Section 281 and Section 106(2) of Bharatiya Nyay Sanhita will apply."..
Another expert, Kred Jure Managing Partner Ankur Mahindro, said if it is proven that the accused was under the influence of alcohol at the time of the accident, he may not have intended to cause death but certainly had the knowledge that his actions could result in death...
