Section 279 IPC
SECTION 279 IPC - Indian Penal Code - Rash driving or riding on a public way
Description of IPC Section 279
According to section 279 of 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.
IPC 279 in Simple Words
According to section 279 of the Indian Penal Code, if anyone drives a vehicle or rides on a public road recklessly or negligently, endangering human life or causing harm to others, they can be punished with imprisonment for up to six months, or a fine, or both.
What is Section 279 IPC? Under Section 279 of the Indian Penal Code, any individual who is driving or riding a vehicle in a negligent manner, thereby endangering human life, will be punished by law. The punishment under this section is imprisonment up to six months, a penalty of u20b91,000, or both.
WHAT IS SECTION 279, IPC?
Section 279 of the Indian Penal Code, 1860 (“IPC”) prescribes punishment for the offence of ‘rash driving or riding on a public way’.
Section 279, IPC deals with rash or negligent driving of any vehicle or riding on a public way in a rash or negligent manner so as to endanger human life or as is likely to cause hurt or injury to any person.
It's important to exercise caution when driving, as even the slightest lapse in attention could lead to legal consequences. If someone operates a vehicle recklessly or at an excessive speed and harms another person or puts them at risk of harm, they may be prosecuted under Section 279, IPC.
The essential ingredients that go into the making of an offence under Section 279, IPC are:
1. That the accused must have driven any vehicle, or rode on any public way so as to endanger human life, or as is likely to cause hurt or injury to any other person;
2. That the accused must have done such act in a rash or negligent manner.
In order to understand Section 279, IPC better, let us imagine the following –
- A was riding his motorcycle on a public way with such recklessness that he was unable to stop it in time and consequently hurt a pedestrian, who was acting in a reasonable manner. A has committed an offence under Section 279, IPC.
WHEN CAN A PERSON BE HELD GUILTY FOR COMMITTING AN OFFENCE UNDER IPC?
Generally, for any criminal liability to arise under IPC i.e., for a person to be held guilty for having committed an offence under IPC, it is important that he/she fulfils the essential criminal ingredients or criteria prescribed under the IPC section number for that particular offence.
Broadly, IPC defines offences by laying down two of its essential components –
a. Actus Reus i.e., the criminal act which the accused must have compulsorily performed.
AND
b. Mens Rea i.e., the criminal mind which the accused must have compulsorily entertained while performing the above-stated criminal act.
It is when an accused does a criminal act under the influence of a criminal mind (as per the essential criminal ingredients for a particular offence), that he can be said to have committed that offence, in the eyes of law.
In other words, a criminal act must co-exist with a criminal mind in order for an act to be an offence under IPC and for criminal liability to arise thereunder.
WHEN CAN A PERSON BE HELD GUILTY UNDER SECTION 279, IPC?
For a person to be held guilty for the offence of ‘rash driving or riding on a public way’ under Section 279, IPC it is important for the prosecution to necessarily prove the following:
1. Nature of the criminal act under Section 279, IPC:
The offence under Section 279, IPC requires that the accused must have driven any vehicle, or rode on any public way so as to endanger human life, or as is likely to cause hurt or injury to any other person.
Public way
To come within the ambit of Section 279, IPC another aspect to be kept in mind is riding negligently on a public way. Public way means a busy road, passage or an area highly populated which is commonly used or is opened for the access by the general people to walk or travel by a vehicle for example footpaths, roads, highway, bridges. It is a right of easement granted to the general public to move freely on such pathways.
Endanger human life
An injury is said to endanger human life if it may put life of another person in danger.
It is not imperative for an act to result into an injury but when a person drives vehicle on any such way as is used by the public, rashly or negligently, causing hurt or injury to any person not amounting to death of the person, whether knowingly or unknowingly, then the driver of the vehicle will be punishable under section 279 of Indian Penal Code.
2. Nature of the criminal mind under Section 279, IPC:
The offence under Section 279, IPC requires that the accused must have driven any vehicle, or rode on any public way so as to endanger human life, or as is likely to cause hurt or injury to any other person in a rash or negligent manner.
Rash or negligent driving
A rash act is primarily an overhasty one and so must be done without due deliberation and caution. Under Section 279, IPC carelessness may become a factor for deciding rashness or negligence on the part of the driver, however, mere high speed does not amount to rash driving. When the driver is capable of controlling the high speed of the vehicle or when the road on which he is driving seems fairly deserted, then the act of the driver will not constitute rash and negligent driving.
Although, sometimes even on highways the speed limit is fixed by Ministry of Road Transport and Highways which is quite high; in such cases driving in high speed will not hold the driver liable for the offence under Section 279, IPC. But if a person drives a vehicle on road without due care and attention, he shall be guilty of committing the offence under this Section.
3. Performance of the criminal act accompanied by the criminal mind i.e., execution of the offence under Section 279, IPC:
While entertaining the above-stated criminal mind (rashness or negligence) the accused must have committed the above-stated criminal act (drive or ride on a public way so as to endanger human life). This would constitute the offence of ‘rash driving or riding on a public way’ under Section 279, IPC.
The co-existence of the criminal mind and the criminal act should be proved by the prosecution in order to establish guilt under Section 279, IPC.
WHAT ARE SOME OF THE LATEST SUPREME COURT JUDGEMENTS ON SECTION 279, IPC?
Some of the famous and most important judgements on Section 279, IPC are as follows:
1. Prathap Kumar G vs State of Karnataka & Ors –
It was held by the Court that Section 279, IPC does not recognize and/or make an offence any injury caused otherwise than to human being. Thus, insofar as the injury or death caused to the pet or animal is concerned, the same would not amount to an offence in terms of Section 279, IPC.
2. P. Rajappan v. State of Kerala –
It is not necessary that the rash or negligent act should result in injury to life or property. Speed alone is not the criterion for deciding rashness or negligence on the part of the driver. The relationship between speed and rashness or negligence depends upon the place and time. In a straight wide road, where obstructions from other vehicles or pedestrians are not present, it cannot be said that driving in speed or absence of sounding a horn by itself would amount to rashness or negligence.
3. Nga Myat Thin –
Any way which is common to all subjects whether directly leading to a town or beyond a town as a throughfare to other towns or from town to town, may properly be called a public way.
WHAT IS THE PROCEDURE FOR TRIAL UNDER SECTION 279, IPC?
In India, the mechanism for criminal justice delivery assumes shape of a criminal trial which is governed by the Code of Criminal Procedure, 1973 (‘CrPC’).
The trial under Section 279, IPC takes a journey similar to the trials conducted for other criminal offences. Broadly, the procedure for a trial takes the steps - as have been enumerated below, beginning from the filing of an FIR to the final verdict by the court:
1. Investigation - FIR, Arrest, Remand and Bail under Section 279, IPC
i) First Information Report (FIR) - Criminal procedure is set into motion with the filing of an FIR or First Information Report under Section 279, IPC by the victim or an aggrieved person. This marks the beginning of investigation by police into the case of cheating under that Section.
ii) Arrest - FIR is soon followed by the arrest of the accused person (person who has allegedly committed the offence) by the police and his subsequent production before the Magistrate. Such production must be made within 24 hours of the arrest of the accused person.
iii) Remand/ Custody - At the time of such production if the investigating officer believes that the investigation under Section 279, IPC cannot be completed within 24 hours i.e., the police need more time with the accused for the purpose of interrogation etc., the officer will file an application before the same Magistrate seeking an extension in custody of the accused. Now, depending on the discretion of the Magistrate, such detention may be authorised in police custody i.e., a lock-up or in judicial custody i.e., jail.
However, it is to be noted that a Magistrate cannot authorise detention of an accused in police custody for a period exceeding the initial 15 days (from the date of the production of the accused before the Magistrate).
On the other hand, a Magistrate under Section 167 (2)(a), CrPC may authorize the detention of the accused in judicial custody beyond the period of initial 15 (fifteen) days, if he is satisfied that adequate grounds exist for doing so. However, no magistrate shall authorize custody for more than -
- Ninety days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment for a term not less than ten years;
- Sixty days, where the investigation relates to any other offense.
iv) Bail - If upon the expiry of 60 or 90 days, as the case may be, the police is unable to complete the investigation and file a chargesheet (under Section 279, IPC) with the Magistrate, the accused is entitled to default bail i.e., such bail is compulsorily granted to the accused provided he applies for and furnishes bail.
However, during the sixty- or ninety-day period, as the case may be, while the accused is still under custody of the police or otherwise for the offence under Section 279, IPC, he may keep pushing for the grant of regular bail under Section 437 or 439, CrPC by the Magistrate or the High Court/ Sessions Court, respectively.
2. Filing of Final Report by the Police
The police after completing the investigation under Section 279, IPC would have to file a final report under Section 173, CrPC. This marks the conclusion of the investigation which is aimed at collecting evidence surrounding the commission of the offence under that Section.
The final report may take one of the following forms:
a. Closure Report
b. Charge Sheet
Closure Report
If the evidence collected against the accused is found to be deficit i.e., there is not enough evidence to support prosecution of the accused under Section 279, IPC, before a Court of law justifying his further detention in the custody, then the police will file a closure report under Section 169, CrPC and release the accused on his executing a bond/ signing an undertaking for his appearance, if and when so required, before a Court or Magistrate.
In other words, a closure report is filed when the police have little or no evidence in support of the fact that the offense under Section 279, IPC has been committed by the accused under custody.
The police officer is bound to notify the informant (who gets an FIR lodged) the fact that a final report relating to his case under Section 279, IPC has been submitted to the Magistrate.
Upon presentation of the closure report to the Magistrate, he is open to proceed with any of the following four options:
1) He may accept the closure report and refuse to take cognizance of the offence. The result in that case will be that the case would not proceed further.
2) He may reject the closure report and instead take cognizance of the offence under Section 190, CrPC.
The result in that case will be that the case would proceed to the next stage.
3) Without rejecting the closure report he may direct the investigating agency to conduct further investigation into the matter, if he thinks that there is some lacunae or gap that needs filling-up.
4) If an informant challenges such closure report by filing a protest petition, the Magistrate or Court shall proceed to adjudicate upon the same following which he may take or refuse to take cognizance of the offence.
If the Magistrate takes cognizance of the offence under Section 190, CrPC he would issue summons to the accused, under Section 204, CrPC thereby directing his appearance before himself.
Charge Sheet
If the evidence collected against the accused is found to be sufficient i.e., there is enough evidence to support prosecution of the accused under Section 279, IPC before a Court of law and that justifies his continued detention in the custody, then the police will file a charge sheet under Section 173, CrPC and will forward the accused under custody to the Magistrate under Section 170, CrPC.
A charge sheet is a formal police record which is drawn out in a format prescribed by the State, stipulating the various particulars relating to the case, like names of the parties involved, nature of the accusations levelled, list of witnesses, statements of witnesses recorded during their examination under Section 161, CrPC, whether any offense appears to have been committed and, if so, by whom, whether the accused has been arrested and
whether he has been forwarded in custody under Section 170, CrPC or whether he has been released on his bond, list of objects seized and other documentary evidences that the prosecution seeks to rely on.
Once the Magistrate takes cognizance on the charge sheet, he shall issue warrant (as per the offence under Section 279, IPC) to the accused thereby securing his attendance before himself on a given date.
The Magistrate on the date fixed will conduct a hearing on charges and may consequently either discharge the accused and close the case, or he may frame the charges against the accused under Section 279, IPC and post the case for trial.
