mumbai the unprecedented move by the mumbai traffic police to book a copassenger on charges of abetting drunk driving has caught the attention of the legal world celebrities and ordinary residents alike the car owner is worried that his family members may be sentenced if his driver is drunk and the officegoer cant help but wonder about the consequences of stepping into a taxi not knowing if the cabbie is under the influence of alcohol legal experts allay fears by saying that a charge of abetment is usually never an openandshut caseabetment as defined under the indian penal code comes into the picture only if there is incitement prior to the offence a conspiracy or intentional facilitation of an offence committed by another person criminal law expert ram jethmalani said mere knowledge that the driver is drunk is not enough to attract the charge of abetment against a copassenger who may be drunk or sober there has to be participation by the abetter in either of the three ways incitement conspiracy or facilitation mere silence will not be enough to book a person as an abetter if people encourage their friends to drink and drive and then go along in the same car they could be in for some time in jail if a person has either given the driver a drink before driving or instigated him to drive under the influence of alcohol it will amount to abetment said jethmalani adding that it is for the trial courts to apply their mind and call for factual evidence of abetment before holding anyone guilty while he acknowledged the fact that drunk driving is a huge menace and that the law needs to be enforced strictly with greater punishment than a mere oneday imprisonment courts he says must rely on strong evidence before it starts holding copassengers guilty of abetmentechoing jethmalanis view was former additional solicitor general mukul rohtagi from delhi unless there is some form of instigation a charge cant be made out it appears that the police is getting overzealous in its bid to come down on drunk driving he said the celeb world however is split in its view actor suniel shetty said i support the move it is our duty to ensure that the driver is sober and has not been boozing i am all in support of what the police did food show presenter and comedian kunal vijayakar however said that while he is supportive of the mumbai traffic polices initiative booking a passenger was going a bit too far whats the point of catching the person sitting next to the driver asked vijayakar the traffic police top brass which had been successfully cracking down on drunk driving said that the recent arrest and conviction of the duo in mulund was a fit case to attract the charge of abetment we had recorded a statement of the copassenger to show that he was aware of the driver being drunk before driving it was the responsibility of