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Motor Accident Law

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With the expansion of more motor vehicles in India in recent years, there has been a sharp increase in the number of road accidents. Road accidents and fatalities have become a major public concern because they are one of the leading causes of mortality and permanent disability in India.

There are certain sections in IPC which give provisions for penalizing the acts done by negligence and rash driving.

Section 279 Indian Penal Code, 1860


Section 279 of IPC mentions rash driving or riding in a public way. It lays that: “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.”

This section discusses how reckless driving can risk human life or cause injury. For example, suppose A, a college student, rides his bike erratically and collides with B, a schoolgirl. B falls and sustains a knee injury. A is considered to have caused harm and is liable under Section 279.

If the same boy A does not hit anyone but is discovered driving erratically on the streets, he will be accountable under Section 279 and will face the same sentence.

As a result, whether the harm is inflicted or is likely to be caused, the same punishment provision applies. Furthermore, the offence is bailable, cognizable, and non-compoundable.


304-A Indian Penal Code, 1860


This Section provides for the provisions for death by negligence. The Section says, “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.”

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