Phone-Distracted Driving: Mohali Court Jails Woman for 5 Years for Running Over 3-Year-Old

Phone Distracted Driving: A Mohali court convicted Renu Sirohi under Section 304 Part-II of IPC, awarding 5 years RI for running over a toddler while talking on a mobile phone.

North Desk Correspondent

Mohali, November 6

Phone Distracted Driving: In a stern judicial verdict against reckless and phone-distracted driving, a Mohali court has sentenced a woman to five years of rigorous imprisonment for fatally running over a three-year-old child while speaking on her mobile phone behind the wheel.

Additional Sessions Judge Navdeep Kaur Gill convicted the driver, identified as Renu Sirohi, a resident of Peer Muchalla, Dhakoli (Zirakpur), holding her guilty under Section 304 Part-II (culpable homicide not amounting to murder) of the Indian Penal Code (IPC), along with relevant sections of the Motor Vehicles Act.

The court also imposed a fine of ₹20,000 on the convict, ruling that driving while distracted by a mobile phone in a residential area, where children and pedestrians are routinely present, constitutes conscious, culpable knowledge of fatal consequences.

Phone-Distracted Driving — The Fatal Incident: What Happened

Phone Distracted Driving: The tragic accident took place in November 2023 in the Peer Muchalla area of Dhakoli, falling under the jurisdiction of the Zirakpur police sub-division:

The Tragedy: The victim, three-year-old Prince, was playing outside his residence when a Maruti Suzuki Swift Dzire driven by Renu Sirohi struck and drove directly over him.

The Mobile Phone Distraction: Eyewitness accounts, corroborated by CCTV footage seized from the residential lane, established that the accused was driving with one hand while holding a mobile phone to her ear, failing to look ahead or notice the child playing in the lane.

The Agony of the Family: Immediately after the vehicle crushed the boy, the driver sped away from the spot without offering medical assistance. Prince’s father, Varinder Kumar, attempted to rush his critically injured son to the hospital on a two-wheeler, but suffered an agonizing delay due to a tyre puncture on the way. Upon reaching the Civil Hospital in Sector 6, Panchkula, doctors declared the child brought dead.

Why the Legal Shift to Section 304 Part-II Matters

Phone-Distracted Driving: In standard traffic fatality cases, police and courts routinely invoke Section 304A of the IPC (causing death by negligence), a bailable offence carrying a maximum imprisonment of only up to two years.

However, in this case, the court upheld charges under Section 304 Part-II IPC (culpable homicide not amounting to murder):

1. The Knowledge Criterion: Section 304 Part-II applies when an act is done with the knowledge that it is likely to cause death, even without an explicit intention to kill.

2. The Judicial Precedent: The prosecution argued, and the court concurred, that navigating a residential street while consciously engaged in a phone call robs the driver of immediate vehicular control, amounting to a blatant, reckless disregard for human life rather than mere simple negligence.

3. The Sentence: Awarding five years of rigorous imprisonment, the court directed that the period Sirohi already spent in custody during the investigation and trial stages be set off against her total substantive sentence.

Growing Legal Scrutiny on Mobile Phone Usage While Driving

Phone-Distracted Driving: This judgment adds to a critical line of contemporary court rulings clamping down on handheld phone use and distracted driving across the Tricity region (Chandigarh, Mohali, and Panchkula).

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Arvind Chhabra

Arvind Chhabra is the founder and editor of North Desk, an independent digital news publication based in Chandigarh covering Punjab, Haryana and Himachal Pradesh. He has over 25 years of journalism experience including senior roles at BBC India, Hindustan Times, India Today, Star News and Indian Express.

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