Home Speak to a lawyer Meet a lawyer Flat fee services About Blog Careers Contact Us Terms & Conditions Privacy Policy Legal Topics


Penal Provision – Rash and Negligent Driving
Recent Post

Get Legato App on your mobile.

Penal Provision – Rash and Negligent Driving

Due to tremendous changes in the lifestyle of Indians and development in technology, there is a steep rise in the number of private and public vehicles running on the road. In a busy life, people are careless about their rash and negligent driving. Road accidents contribute a full share of disability and death. Road accidents are caused due to rash and negligent driving; it includes crashing between vehicles or hitting any pedestrian or vehicle.

Causes of Road Accident

Road Accident is caused due to several reasons; some of the primary reasons are as follows:

The age limit of the driver: According to section 4 of the Motor Vehicle Act, 1988, no person under the age of eighteen years is permitted to drive a motor vehicle in public place. The person who has attained the age of Sixteen years may drive a motorcycle without gear. According to section 18, no person under the age of twenty years shall drive a transport vehicle in a public place. No learner's license or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under section 18. But there is no compliance with the law, the minors who do not have sufficient maturity also drive vehicles. The strange part is their parents are not aware of their driving, and the consequences have to be borne by the innocent pedestrians.

  1. Speed: Many people, driving the vehicles, primarily the youth, crosses the limit of speed. Thus, speeding is one of the vital cause of deaths due to a road accident. 
  2. Stunts: Television has affected the youth on a large scale. They try to imitate the actions and stunts shown on TV without proper guidance and end up either injury or death.
  3. Drunk and Drive: Usually, the statistic of drunk and drive is more, and it is the primary cause of the accident.

Penal Provisions

There are several penal provisions to combat road accident in Indian Penal Code, 1860. The requirements are as follows:

279. Rash driving or riding on a public way - Whoever drives any vehicle, or rides, on any public road 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.

304A. Causing death by negligence - Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

336. Act endangering life or personal safety of others - Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

337. Causing hurt by act endangering life or personal safety of others - Whoever causes hurt to any person by doing any action so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

338. Causing grievous hurt by act endangering life or personal safety of others - Whoever causes severe harm to any person to doing any action so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. Of Wrongful Restraint and Wrongful Confinement.

All Comments