The punishment under the … A section of the Limassol to Nicosia motorway near Kornos closed to traffic for an hour at around noon due to a traffic accident involving the collision of two cars. The analysis of accident rate showed that higher BAC lev… b. SUB-SUPPORTING POINT 2 = there also though it start at any age as early as primary … The following article is going to discuss Section 304 (a) under IPC in detail. However, there is no bar under the MV Act or otherwise, to try and prosecute offences under the IPC for an offence relating to motor vehicle accidents.”, The Indian Express is now on Telegram. stop. Therefore, the court said, “prosecution of offenders in cases of road traffic accidents must be carried out under the MV Act as a general rule” (barring cases of culpable homicide not amounting to murder under Section 304 IPC), and to invoke the IPC “is violative of settled principles of law and contrary to the legislative intent of the MV Act”. SUPPORTING POINT 1= lack skill of conduct transports and knowledge about road law are one of the common problems that lead the accident to happen. https://images.indianexpress.com/2020/08/1x1.png, here to join our channel (@indianexpress), An Expert Explains: Covid-19 vaccine route to healthy India, ExplainSpeaking: What the RBI is worried about. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. * The moderation of comments is automated and not cleared manually by, Copyright © 2021 The Indian Express [P] Ltd. All Rights Reserved, Not just MV Act, speeding or driving rashly can attract charges under IPC as well. This, the court said, could not be permitted. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. His careless and disdain of the driving norms and rules may result in the case being classified as a homicide not amounting to murder. The HC directed the states of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, and Arunachal Pradesh to issue directions to “ordinarily register cases against offenders of motor vehicle accidents only under the provisions of the MV Act subject to the exception under Section 304 IPC”. The bench comprising Justice Indu Malhotra and Justice Khanna observed thus while setting aside the direction issued by the Gauhati High Court to States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act and not under the provisions of Indian Penal Code. stop. "Such an interpretation would have the consequence of letting an offender get away with a fine by pleading guilty.". Any person who drives vehicles rashly on the public road can be guilty of making an offense under Section 279. The Indian Penal Code (1860) sections 279, 304 (Punishment for Culpable Homicide not Amounting to Murder), and 336 /337/338 protects the public, which includes pedestrians, against rash driving and negligence by motorists. In case a road accident victim dies, it needs to be proven that the accident was a result of rash and negligent driving. Tables Page No. Tip: Always keep your speed on the average if you are not sure about the speed limit of a particular place. Legal experts say that in most accident cases, section 304A (causing death by negligence) is applied. The first chapter covers the introduction and tells us the division of sections. Section 12: Road Accidents Mitigation Measures taken by MoRTH in recent past 46-48 (ii) Tables S. No. 1 Erster Gutachter: Prof. Dr. phil. This cover is in the form of indemnit y insu r an c e to persons w ho cause the accident, as we ll as personal in jury and death insurance to victims of motor ve hicle accidents … Also, Section 304A punishes death by negligence. Singh says, “Section 304 (A) states that whoever … Adhere to speed limits — Majority of road-related accidents are caused by over speeding. Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies. To study the effects of alcohol on drivers and driving performance, 25 drivers’ subjective feelings and driving performance data in different blood-alcohol concentration (BAC) levels were collected with simulated driving experiment. 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