Academic Article by- Anuj Vishwakarma
Introduction-
Road accidents are one of the major causes of deaths and injuries in India. Over the past decade, with more vehicles on the road, the prevalence of road accidents has reached a much higher level than it used to be. Majority of these accidents are caused due to the fault of the drivers. It is often found that the accident has been caused due to the rash and negligent act of the driver, such as over-speeding, incautiously driving and breaking traffic signals and rules. As per data published by the National Crime Record Bureau in September 2020, approximately 83% of the road fatalities in India since 2014 are the result of overspeeding, rash, and negligent driving. However, over time, the accidents have not been restricted to have caused due to the over speeding of the rash and negligent drivers. Many a time, even vehicles at slow speed have met with accidents due to the rash and negligent driving of the drivers.
What exactly is Rash and Negligent Driving under Indian Law?
In simple words, rash and negligent driving can be described as driving a vehicle abiding by the safety rules and violating them.
As per section 279 of the Indian Penal Code-“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.” The IPC defines the punishment for the rash and negligent act committed by the driver, however, the exact meanings of the terms ‘rash’ and ‘negligent’ are missing in the IPC. Black's Law Dictionary 'negligence' as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or will fully disregardful of others’ rights.” But the term 'rashness' is not defined in Black's Law Dictionary. The meaning of the word 'rash' as per Oxford Dictionary is acting or doing without considering the possible results. Likewise, Oxford Thesaurus of English shows that contextually the word 'rash' may mean hasty, overhasty, foolhardy, incautious, careless, thoughtless, imprudent, over-adventurous, daredevil, illconsidered, unconsidered, unthinking, injudicious, wild, etc.
Carelessness can become the main element for deciding rashness or negligence of the driver, however, mere driving at a high speed does not amount to rash driving. When the driver is competent to control the high speed or when the road on which she is driving appears empty, then the act of the driver would not constitute rash and negligent driving. Although, often in highway the speed limit is set by the Ministry of Road Transport and Highways which is very high, in such instances driving at high speed will not hold the driver liable for the offense of rash driving under section 279 of IPC. However, if a person drives a vehicle in absence of due care and attention, he shall be guilty of committing the offense under this section.
Slow but Reckless Driving amounts to Rash and Negligent Driving-
In a recent case, the Kerala High Court held that driving a vehicle in a reckless and negligent manner, no matter even if the vehicle is at low speed, amounts to ‘rash and negligent driving under section 279 of the IPC.
The case was taken up by the Court on a suo moto basis based on the report of a Sabrimala devotee alleging that the rash and negligent driving of tractors for transportation of goods at Sabrimala Temple on the trekking road are resulting in the threat to the safety of the pilgrims. The court while adjudicating upon the matter observed- “A person who drives a vehicle on the road is liable to be held responsible for the act as well as for the result. It may not be always possible to determine the speed of a vehicle whether a person was driving rashly and negligently. Both these acts presuppose abnormal conduct. Even when one is driving a vehicle
at a slow speed but recklessly and negligently, it would amount to 'rash and negligent driving' within the meaning of the language of Section 279 of the Indian Penal Code, 1860.”
The Court relied upon the case of Ravi Kapur v. the State of Rajasthan, in which the Supreme Court held that rash and negligent driving by a driver has to be examined based on the facts and circumstances of a given case. The Division Bench of Justice Anil K. Narendra and Justice P. G Ajithkumar observed that if a person is driving slowly but recklessly, the act could still fit the parameter for 'rash and negligent driving under the ambit of Section 279 IPC. Further, the Court also pointed out that the doctrine of reasonable care imposes a duty or an obligation upon the driver to care for the pedestrians on the road. The Court noted- “It is axiomatic to say that while driving a vehicle on a public way, there is an implicit duty cast on the drivers to see that their driving does not endanger the life of the right users of the road, maybe either vehicular users or pedestrians. They are expected to take sufficient care to avoid danger to others.”
Conclusion-
Rash and negligent driving are resulting in more and more injuries and deaths every day in India, and in many instances, the victims are being denied justice on the technicality of the law. Despite fines and punishment defined under the laws, India is facing a fatal problem with more than several hundred thousand people dying and many more getting severely injured due to the reckless acts of the drivers. The decision of the Kerala High Courts can be instrumental in making liable the people who were in most instances able to escape the punishment and fines
after committing the unlawful act. It is the duty of the driver to not endanger the life of the others while driving, it should/does not matter if the driver is driving at a high speed or a slow speed, as far as he has acted recklessly.
References-
https://lawtrend.in/section-279-ipc-driving-slow-but-recklessly-amounts-to-rash-andnegligent- driving-holds-kerala-hc/amp/
https://www.legalserviceindia.com/legal/article-2297-offences-against-human-bodyunder- indian-laws.html
https://lawrato.com/indian-kanoon/ipc/section-279
https://legislative.gov.in/sites/default/files/A1860-45.pdf
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3893966/
https://www.livelaw.in/amp/news-updates/driving-slow-but-recklessly-amounts-torash- negligent-driving-kerala-high-court-187487
https://www.latestlaws.com/amp/case-analysis/hc-just-because-vehicle-was-beingdriven-slow- does-not-rule-out-rash-or-negligent-driving-180426