Section 279- Rash Driving or riding on a public way
Section 279 IPC defines as well as states punishment for Rash driving or riding on a public way.
Section 279 Indian Penal Code states as, “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
For the purpose of Sec 279 IPC, there are three major aspects that need to be understood. Beginning with the definition itself:
- Rash driving or riding - Sec 279 Indian Penal Code deals with rash or negligent driving of any vehicle riding on a public way in a rash and negligent manner that can endanger the human life or which is likely to cause hurt or injury to any person.
For example- If a person drives a vehicle on road without due care and attention, he shall be guilty of committing the offence under this section. Here, it is to be noted that the person was driving without exercising due care for the safety of others which a prudent man might have taken.
- Public way- Public way refers to any road or passage which is common for all people. It is considered to be a way directly connecting to a town or as a thoroughfare to other towns.
- Rash or Negligent driving- The term “negligent” in law means an omission to do something which a reasonable and prudent person guided by the considerations which ordinary regulates human affairs would do or it means something which a prudent and reasonable person guided by similar considerations would not do. This principle was held in the case of Ravi Kapoor v. the State of Rajasthan.
In the cases of rash or negligent driving, it is not necessary that the rash or negligent act should result in injury to life or property of a person. In these cases, speed alone is not the only criterion for deciding rashness or negligence on the part of the driver. Here, the relationship between speed and rashness or negligence depends upon the place and time.
For example- on a straight road where there are no obstructions present from other vehicles or pedestrians, it cannot be said that driving in speed or absence of blowing a horn amounts to rashness or negligence. It is an accepted fact that a motor vehicle is intended to be driven with speed.
IPC 279 duly prescribes punishment to whosoever commits the offence of rash driving on a public way. This sections makes a person liable to imprisonment for a period of 6 months or can make him pay fine of Rs. 1000. Depending on the nature and gravity of the offence, punishment may include imprisonment as well as fine.
The offence committed under this section is bailable and cognizable which is triable by any Magistrate.
