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Even if Salman Khan did not possess a driving licence at the time he allegedly drove his Toyota Land Cruiser over some pavement dwellers, killing one person and injuring four, while in an inebriated state, lawyers said it will not result in any harsh punishment for the actor.
Leading advocate Shrikant Bhat said, "The Supreme Court had said in a 1968 judgement that not possessing a driving licence does not prove that a person is a rash driver. At the same time, a person possessing a licence may be a rash and negligent driver.
"As far as drinking is concerned, the permissible limit for someone who is driving a vehicle is 30mg of alcohol per 100ml [of blood]." Moreover, if a driver has consumed alcohol and got involved in an accident, the alcohol cannot be definitely said to be the cause of the accident.
"I was shocked to know that hundreds of people have died in hit-and-run cases in India, but hardly any action has been taken against the accused," lawyer Adhik Shirodkar said. "If not for Salman Khan's involvement, even this case would have been just another statistic."
"It is high time we reviewed our laws and changed them for the betterment of society," he said.
Shirodkar, a member of the Rajya Sabha, said the actor cannot be booked for culpable homicide, as demanded by some people. "Culpable means intentional, implying that Salman intended to kill the victim," he explained.
Salman Khan has been booked under section 304A of the Indian Penal Code, which specifies the punishment for someone who causes the death of another person by a rash or negligent act.
But some critics have demanded that he be booked under section 304 for culpable homicide not amounting to murder. If convicted under this section, the actor could face a maximum sentence of life imprisonment.
Another senior lawyer Majeed Memon argued that driving under the influence of alcohol and without a valid licence are offences under the Motor Vehicles Act and not the Indian Penal Code.
As for the charges under which Khan ought to be booked, Memon said it depends on the police officer investigating the case.
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