SECTION 279 IPC - Indian Penal Code - Rash driving or riding on a public way
Advocate Shanaya
Section 279, IPC - Rash Driving or Riding
Section 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.
Offence Details
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Driving or riding on a public way so rashly or negligently as to endanger human life, etc. | 6 Months or Fine or Both | Cognizable | Bailable | Any Magistrate |
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 is likely to cause hurt or injury to any person.
It is 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.
Essential Ingredients for Section 279, IPC
The essential ingredients for an offence under Section 279, IPC are:
- The accused must have driven any vehicle or ridden on any public way so as to endanger human life, or likely cause hurt or injury to any other person;
- The act must have been committed in a rash or negligent manner.
For example, imagine A was riding his motorcycle on a public way recklessly and was unable to stop in time, causing injury to a pedestrian who was acting reasonably. A has committed an offence under Section 279, IPC.
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 prove the following:
1. Nature of the Criminal Act
The offence under Section 279, IPC requires that the accused must have driven any vehicle, or ridden on any public way in a manner that endangers human life or is likely to cause hurt or injury to another person.
Public Way
A public way means a busy road, highway, footpath, or area commonly used by people for walking or traveling by vehicle.
2. Nature of the Criminal Mind
The accused must have driven or ridden in a rash or negligent manner. Rashness refers to a hurried, careless act, and negligence refers to a lack of proper caution.
Even high-speed driving may not automatically be considered rash driving, but driving carelessly without attention or control of speed can result in legal consequences under Section 279, IPC.
3. Execution of the Offence
The criminal act and the criminal mind (rash or negligent driving) must co-exist for the offence to be complete.
Consult Legal Experts
If you are facing charges under Section 279, IPC or need legal advice, consult with an expert criminal lawyer to guide you through the process and protect your rights.
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 thoroughfare 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 the shape of a criminal trial which is governed by the Code of Criminal Procedure, 1973 (‘CrPC’). The trial under Section 279, IPC follows a similar procedure to that of other criminal offences.
1. Investigation - FIR, Arrest, Remand and Bail under Section 279, IPC
- First Information Report (FIR): The criminal procedure is initiated with the filing of an FIR under Section 279, IPC by the victim or an aggrieved person. This marks the beginning of the investigation by the police.
- Arrest: After filing the FIR, the accused is arrested by the police and produced before the Magistrate within 24 hours.
- Remand/Custody: If the investigation cannot be completed within 24 hours, the police can seek remand or custody of the accused from the Magistrate. The maximum period of custody is 15 days initially, but it can be extended under certain conditions.
- Bail: If the investigation is not completed within 60-90 days, the accused is entitled to default bail. The accused may also apply for regular bail under Section 437 or 439, CrPC.
2. Filing of Final Report by the Police
After the investigation is completed, the police file a final report under Section 173, CrPC. This concludes the investigation process and outlines the evidence collected.
- Closure Report: This report is filed when the police conclude that there is insufficient evidence to proceed with charges.
- Charge Sheet: If the investigation points to the commission of an offence, a charge sheet is filed to formally begin the trial.
Closure Report and Charge Sheet under Section 279, IPC
Closure Report
If the evidence collected against the accused is found to be insufficient 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 custody, then the police will file a closure report under Section 169, CrPC and release the accused on his executing a bond or 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 got an FIR lodged) the fact that a final report relating to his case under Section 279, IPC has been submitted to the Magistrate.
Options for the Magistrate after receiving the Closure Report:
- The Magistrate may accept the closure report and refuse to take cognizance of the offence, meaning the case would not proceed further.
- The Magistrate may reject the closure report and take cognizance of the offence under Section 190, CrPC, and the case would proceed to the next stage.
- Without rejecting the closure report, the Magistrate may direct the investigating agency to conduct further investigation if there is any lacuna or gap that needs filling.
- If an informant challenges the closure report by filing a protest petition, the Magistrate or Court shall adjudicate upon the same and 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, directing the accused to appear before the court.
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, and justifies his continued detention in custody, the police will file a charge sheet under Section 173, CrPC and forward the accused in custody to the Magistrate under Section 170, CrPC.
A charge sheet is a formal record prepared by the police that includes various details about the case, such as the names of the parties involved, nature of the accusations, a list of witnesses, witness statements recorded under Section 161, CrPC, and any documentary evidence the prosecution seeks to rely on.
Once the Magistrate takes cognizance of the charge sheet, he shall issue a warrant to the accused under Section 204, CrPC, directing his appearance in court.
The Trial Process:
- Plea of Guilty or Not Guilty by the Accused: Once charges are framed under Section 279, IPC, the Magistrate reads them over to the accused. The accused will then plead guilty or not guilty. If guilty, the Magistrate may convict him immediately, otherwise, the case will proceed to trial.
- Evidence for Prosecution: The prosecution will present evidence to establish the guilt of the accused. This includes oral and documentary evidence, and witnesses may be cross-examined by the defense.
- Statement of the Accused: After the prosecution’s evidence, the accused is given an opportunity to explain the evidence against him and present his defense under Section 313, CrPC. This statement is not on oath, but can be used against him later.
- Evidence for Defense: The defense may present evidence, though the burden of proof lies with the prosecution.
- Final Arguments: After all evidence is presented, both the prosecution and defense make final arguments before the Magistrate.
- Judgment: The Magistrate will decide whether the accused is guilty or not guilty based on the evidence presented. If found guilty, the accused will be convicted and sentenced accordingly, considering factors like age and background.
If convicted, the sentence could vary based on the nature of the offence, and the court will consider theories of punishment like reformative or deterrent theory, among others.
Consult with an Expert Lawyer for Your Legal Issue
Legal Information: Section 279, IPC
What is the Procedure for Appeal under Section 279, IPC?
The fundamental principles of appeal under CrPC are as follows:
- An appeal is a creation of statute.
- There is no inherent right to file an appeal.
- There is no appeal only against conviction.
- There is no appeal in petty cases.
- Generally, there is no appeal on conviction on a plea of guilt.
It is important to note that, apart from the procedure set out in the CrPC or other applicable laws, a criminal court's decision or order cannot be appealed against. Therefore, there is no inherent right to appeal, and even the first appeal is subject to statutory limitations. The justification behind this principle is that the courts that preside over a case are assumed to be capable and qualified to ensure that the trial is carried out impartially. However, as per Section 372, CrPC, the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for lesser offence or inadequate compensation.
Generally, same sets of rules and procedures are employed to govern the appeals in the Courts of Session and High Courts (highest court of appeal in a State and enjoys more powers in matters where appeal is allowed). The highest court of appeal in the country is the Supreme Court and hence, it enjoys wide discretionary and plenary powers in the cases of appeals. Its powers are largely governed by the provisions laid down in CrPC, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.
The law provides a person who has been convicted of a crime to appeal to the Supreme Court or the High Court or the Sessions Court as per the circumstances.
The accused has been given the right to appeal to the Supreme Court against the judgment of the High Court if the High Court has reversed an order of his acquittal on appeal by convicting him, thereby, sentencing him to imprisonment for life or for ten years or more, or to death.
A similar right to appeal has been granted to one or all accused persons if more than one person has been convicted in a trial and such order has been passed by the court.
However, there are certain circumstances under which no appeal would lie. These provisions have been laid down under Section 265G, Section 375, and Section 376 of the CrPC.
What is the Punishment for 'Rash Driving or Riding on a Public Way' under Section 279, IPC?
Section 279, IPC makes the offence of ‘rash driving or riding on a public way’ punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
The minimum punishment for the offence under Section 279, IPC is mere fine (less than one thousand rupees) or imprisonment (less than six months) the amount and duration of which depends on the discretion of the presiding Judge or Magistrate.
The maximum punishment for the offence under Section 279, IPC is six months of imprisonment and fine of one thousand rupees.
Can a Police Officer Make an Arrest Under Section 279, IPC Without a Warrant?
Yes, since the offence of ‘rash driving or riding on a public way’ under Section 279, IPC is a cognizable offence, a police officer can arrest a person suspected to have committed such offence without a warrant from the Court (a warrant is a Court-order authorising a police officer to carry out an arrest).
Is the Offence Under Section 279, IPC Bailable?
Yes, the offence under Section 279, IPC is bailable.
How to Get Bail if Charged Under Section 279, IPC?
Since the offence under Section 279, IPC is a bailable one, an accused arrested in the alleged commission of the same can apply for bail before the Investigating Officer, or if he is forwarded to the Court of Magistrate, before such Magistrate. Bail in a bailable offence can be granted by both the Court or the Investigating Officer.
In a bailable case, an accused is entitled to bail as a matter of right; it is not a favour bestowed on him by the authorities.
In such offences, the Officer or the Court does not reserve any discretion in the grant of bail. Bail can be claimed as of right and there is a statutory duty imposed upon the Police Officer as well as the Court to release a person on bail if he is prepared to give bail.
The Hon’ble Supreme Court has held in a case that as soon as it appears that the accused person is prepared to give bail, the police officer or the court before whom he offers to give bail, is bound to release him on such terms as to bail as may appear to the officer or the court to be reasonable. It would even be open to the officer or the court to discharge such person on his executing a bail-bond as provided in Section 436, CrPC instead of taking bail from him. Though bail, in bailable offences, is a matter of right, the accused can be remanded to custody for breach of the conditions of bail/bail bond.
Bail-Bond is a document of promise signed by the accused whereby an accused is set at large on the condition that he will not flee the authorities, will cooperate in investigation, will not threaten witnesses or tamper with the evidence.
Bail is a document whereunder an accused and/or his surety is required to deposit security in the form of either cash or property papers (RC of a vehicle etc.) with the court/police with the view to ensure accused’s compliance with the conditions of the bond. In the event of its non-compliance, the security amount will be forfeited. (Surety is the person who gives guarantee for the compliance of the bail conditions by the accused and that he will present himself before the court/police as & when required).
It is beneficial to take assistance from an experienced criminal lawyer in matters of bail.
Legal Information: Section 279, IPC - Compounding and Legal Assistance
Is the Offence Under Section 279, IPC, Compoundable?
The offence under Section 279, IPC is not compoundable, i.e., the law does not allow for a compromise to be recorded between the victim and the offender.
It is an offence for which the law requires that the offender be put to trial and punished.
Why Do You Need a Lawyer for a Case Under Section 279, IPC?
Being charged with an offence, whether major or minor, is a serious matter.
Someone who is accused of a crime faces the possibility of severe penalties such as being incarcerated or having to pay significant fines. In addition, they may also experience adverse social outcomes, such as being stigmatized by having a criminal record associated with their name. This can result in a damaged reputation that can impact both their personal and professional life. Furthermore, they may have to endure costly, protracted, and emotionally taxing legal proceedings. While some legal matters can be handled alone, a criminal arrest of any nature warrants legal advice from an expert criminal lawyer who can guide you about your rights and secure the best possible outcome for your case.
If you're facing criminal prosecution, a criminal lawyer can help you understand:
- The nature of the charges filed;
- Your rights before and after an arrest;
- Any defences that may be available;
- What plea bargains are likely to be offered;
- What is expected after trial or conviction.
One should ideally prepare a timeline of events and take it down on a piece of paper so that it is easier to brief the lawyer about the case. This will also help the lawyer to formulate a strategy to successfully conduct the trial and convince the court to adjudge in your favour.
Additionally, it is crucial to have a comprehensive understanding of the relevant laws regarding the case. It is advisable to have a discussion with the lawyer and obtain an understanding of the legal process and the applicable regulations. It is equally important to conduct your own investigation and comprehend the potential risks involved, as well as how to mitigate them.
Hence, having a criminal lawyer by your side can prove to be of immense help when charged with an offence under Section 279, IPC.
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