CALL NOW +91 – 8800110989 The official criminal code of the Republic of India has the responsibility of governing the law of all criminal activities in India. The road safety law is also governed by the Indian Penal Code, it has various provisions through which it enforces road safety law and prescribes guidelines for punishment and penalties in case of violation or serious offense. Thus plays a crucial role in road safety and maintaining law and order.
The section 279 IPC specifically deals with the offense of rash driving and putting the life of others in danger by driving irresponsibly. In this article we will examine the provisions and penalties available under section 279 of IPC.
What is Section 279 IPC
The section of 279 of the IPC aims to protect people against rash driving or riding on a public way. As per this section anyone driving or riding a vehicle in an irresponsible or negligent way that endangers the life of the other human is subject to punishment by law. The punishment under this section of IPC can include fine, imprisonment or both.
The Key Consideration Under IPC Section 279
Anyone who drives in a reckless manner risking the life of others and causing injury or hurt due to negligence can be punished under IPC section 279, however, there are few criterias must be met.
- The person accused of rash driving or riding must have driven or ridden the vehicle on the public way in a reckless manner that either endangered or caused hurt or injury.
- The accused must be proven driving irresponsibly in a reckless manner.
If these criterias are met then the accused can be tried under section 279 and punishment will be at the discretion of the court.
Elements of Rash Driving Covered Under Section 279 of IPC
Speeding: Driving the vehicle at very high speed and not complying to the speed limit mentioned for the road. The safe speed of the vehicle should be relevant to the weather conditions and the current condition of the road.
Careless Overtaking: Majority of the accidents take place where one vehicle tries to go past the other vehicle without taking required caution in complete disregard to road safety rules. For example, overtaking from the wrong side, trying to pull off an overtaking maneuver on blind turn or attempting to overtake through an oncoming lane.
Driving Under the Influence: Driving under the influence is one of the major contributors to road accidents, as per the law a person operating the vehicle under the influence of alcohol or driving while intoxicated shall be punished under the law.
Not following Road Safety Rule: Endangering others life while not obeying the road safety rules, like jumping red lights, driving opposite in the way marked for one way driving, abruptly changing the lane for overtaking, using mobile phone while driving or eating while driving.
Performing Stunts on The Road: Performing dangerous stunts on the public way on your vehicle can put both you and others in danger. It is considered a highly unsafe and irresponsible way of riding. Nowadays with the prevalence of social media many people engage in dangerous driving and stunts while shooting video for social media coverage which is not allowed under the law.
Punishment of Rash Driving or Riding on a Public Way Under Section 279 of IPC
If a person found guilty under IPC Section 279 then he might face following legal consequences
Imprisonment: Person found guilty for rash driving under section 279 of the IPC can be sentenced to imprisonment up to six months.
Fine: Under this section of the IPC there is a provision of fine as well, the guilty can be fined up to an amount of 1000 rs.
Fine & Imprisonment Both: Based on the circumstance the guilty can be sentenced to imprisonment along with the financial penalty.
Suspension or Cancellation of License: Subject to the gravity of the offense court can also order a suspension or even cancellation of the driving license.
Consequence Beyond Legal Implications:
Apart from the legal implication, a person can face other consequences.
Driving Licenses: It will be difficult for the individual to renew their driving license and the authorities may revoke the driving license on repeated offense.
Employment Difficulties: The guilty person will find it difficult to get a job related to driving skills.
Personal Injuries: Driving in an unsafe manner results in an accident which can cause personal injuries which will lead to financial burden.
Section 279 of IPC by prescribing penalties and punishment serves as a major deterrent to rash driving on public roads. One should exercise caution and follow safety rules as the consequences of rash driving goes beyond legal implications.
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Frequently Asked Questions
Can 279 IPC be quashed?
Yes, cases filed under IPC 279 can be quashed in specific circumstances for example if after a thorough examination by court it was found baseless or frivolous.
How do I get bail in IPC 279?
Yes, offenses under the section 279 of the IPC are bailable, it can be applied to magistrate.
What is Section 279 and 304A IPC punishment?
While Section 279 of IPC and Section 304A of IPC both deal with rash driving, however, punishment is different as section 279 deals only with rash driving causing risk or hurt to the life of others. However under 304A deals with death caused by rash driving because of negligence. Under section 279 the punishment can be financial penalty, imprisonment up to 6 months or both. Under section 304 A, punishment can be financial penalty, imprisonment up to 2 years or both.
