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Does driving slowly but rashly amounts to negligent driving

in Academic Articles

Abstract

According to the Global Status Report on Road Safety 2018, road safety continues to be a major developmental issue, a public health concern, and a leading cause of death and injury around the world, killing more than 1.35 million people, with 90 per cent of these fatalities occurring in developing countries and India accounting for 11% of all fatalities. According to the Report on Road Accidents in India 2019, there were 1,511,113 accident-related deaths in India in 2019. Despite the Government's continued efforts in this area and our pledges to reduce mortality, we have not been able to make considerable progress on this front.

Introduction

As per a Kerala High Court ruling in a Suo moto case based on a Sabarimala devotee's report, reckless driving, regardless of speed, constitutes rash and negligent driving under Section 279 of the Indian Penal Code. The Kerala High Court ruled that driving a car in a reckless and negligent way, even at a modest speed, is still considered 'rash and negligent driving under Section 279 of the Indian Penal Code. In a case taken up by the court Suo motu on the basis of reports from a Sabarimala devotee, a Division Bench ruled that aggressive and irresponsible driving of tractors employed along the hiking trail was endangering the pilgrims' safety. The court relied on a Supreme Court decision that said that hasty and irresponsible driving must be considered in the context of the facts and circumstances of each case. According to the court's judgement, even if a person drives slowly but dangerously, it can still be considered 'rash and negligent driving under Section 279 of the IPC.

What is reckless and negligent driving

Reckless driving: Unlawful and hazardous driving with a disregard for the safety of other motorists and pedestrians is referred to as reckless driving. Individuals that participate in reckless driving are well aware of the dangers associated with their activities behind the wheel, but they continue to do so. A careless driver has not only taken excessive risks but has done so in regions where there is a substantial danger of injury or property damage. It is typically regarded as criminal conduct due to the driver's wilfulness and intent.

Examples: Reckless driving includes failing to stop at stop signs and/or red lights, failing to switch on lights when driving at night or in wet circumstances, and racing on public roadways, driving considerably in excess of the maximum speed limit when turning or changing lanes without using turn signals, driving when inebriated or whether you're texting or conversing on the phone etc.

Negligent driving: When drivers fail to exercise reasonable care while operating a vehicle, it can result in physical injury as well as damage to one or more automobiles. Drivers have a legal obligation to act in a specific way that is prescribed by law, but they are negligent if they break that duty by acting in a certain way or neglecting to act at all. Negligent drivers, unlike careless driving, are unaware of the inherent hazards involved with their activities, which is why these collisions are frequently classed as traffic violations.

Examples: Negligent driving includes failing to provide a safe environment for other drivers and pedestrians without intending to do so; refusing to provide a secure place for other drivers and pedestrians without intending to do so; and failing to provide a safe environment for Incidents in which the term "accidental" is used to characterise the occurrence Without the permission of the property owner, driving on private land is prohibited. Driving while under the influence of non-prescribed medications or alcohol is a serious offence.

Penalties

If a person hits a pedestrian as a consequence of rash and careless driving, leading in any bodily injury to others, he is guilty of violating Section 279 of the new Motor Vehicle Act. He will also be held accountable under Section 337 of the IPC, which carries a maximum sentence of six months in jail or a substantial fine, and Section 338 of the IPC, which has a maximum sentence of two years in prison or a hefty fine. If the person driving the car is inebriated and causes an accident that results in the death of other individuals, he or she will be charged under Section 304A of the Indian Penal Code. The number of people stuck in traffic in India's major cities has been steadily increasing. As a result, reckless driving, road deaths, and other violations of the Motor Vehicle Act have occurred. However, in order to bring some things under control, the government has altered the punishment structure and enacted the New Motor Vehicle Act to do so. Individuals who drive or ride a vehicle on any public route in a reckless or careless manner that endangers human life or is most likely to hurt other persons may be penalised by law, according to Section 279 of the Indian Penal Code. The penalty for this is up to six months in jail, a fine of INR 1000, or both.

Conclusion

The Ministry of Road Transport and Highways has undertaken a number of programmes, including those relating to automobile and road engineering, as well as educational activities aimed at boosting road safety awareness. The enactment of the Motor Vehicle Amendment Act 2019, which, among other things, provides for a steep increase in penalties for traffic violations with the goal of instilling discipline and a responsible attitude among road users, marked the culmination of our efforts in the field of road safety in 2019. The Ministry is also cooperating with the World Bank to develop the Integrated Road Accidents (IRAD) Project, which aims to give a comprehensive solution to the problem of accidents in line with worldwide standards. Essentially, the IRAD will allow the first responder, which is the police, to film traffic accidents and geotag them using a tablet. The project's software would include back-end analytics, as well as simultaneous linkage with multiple users (such as hospitals, ambulances, blood banks, Vahan, Sarathi, NHAI, PWD, Courts, Insurance Companies, and so on), near-real-time data syncing and updating, and the creation of a mobile app for road accidents.

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