Why road accident FIRs are needed
Road collisions frequently require an official FIR copy because insurers, vehicle owners, and tribunals require verified police records before settling claims or determining liability:
- Motor insurance claims: Both Own Damage repairs for severe damage and third-party liability claims require an official copy of the FIR to establish the date, time, vehicle numbers, and collision details.
- Motor Accident Claims Tribunal (MACT): Any claim for injury compensation or property damage before the MACT requires the police FIR and the Accident Information Report.
- Official copy retrieval: Motorists, lawyers, and insurance surveyors can download the official PDF directly from the state citizen portal or through FIRSetu rather than collecting physical paper copies from the station.
Bailable nature of standard accident offences
Standard traffic collisions involving vehicle damage or simple hurt are registered under Section 281 of the Bharatiya Nyaya Sanhita, 2023 (rash driving, formerly Section 279 IPC) and Section 125 BNS (causing hurt by an act endangering life, formerly Section 337 IPC).
These offences are bailable. The investigating officer at the police station is authorized to grant bail directly upon the accused furnishing a personal bail bond or local surety, without remanding the driver to judicial custody.
Hit-and-run provisions: Section 106(2) BNS deferred
The Bharatiya Nyaya Sanhita contains an enhanced provision, Section 106(2), prescribing up to ten years' imprisonment for drivers who cause death by rash or negligent driving and escape without reporting to police or a magistrate.
Following representations from commercial transport operators, the Central Government deferred implementation of Section 106(2). That specific sub-section has not been brought into force. Fatal road accidents continue to be registered and investigated under Section 106(1) BNS (causing death by negligence, formerly Section 304A IPC).
Vehicle seizure and release (Superdari)
Following an accident, police impound the vehicles involved to conduct a mechanical inspection by a Motor Vehicle Inspector to examine brakes, steering, and physical damage.
To retrieve an impounded vehicle, a lawyer files an application for interim custody (Superdari) under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 451 CrPC) before the jurisdictional Judicial Magistrate. The Magistrate orders the vehicle released upon execution of an indemnity bond.
This is a description of the public process, not legal advice. For advice about your own case, speak to a lawyer or the police station handling it.