Sections in IPC (576 total) Including amendments and additions. Such an interpretation, the SC ruled, “would have the consequence of letting an offender get away with a fine by pleading guilty, without having to face any prosecution for the offence committed”. In case a road accident victim dies, it needs to be proven that the accident was a result of rash and negligent driving. The High Court had further held that if a person cannot be convicted for causing hurt to any person while driving a motor vehicle in a rash and dangerous manner under the MV Act, then the said offender cannot also be convicted under the IPC, since the IPC does not expressly take within its purview road traffic offences. The court also underlined the principle of proportionality between crime and punishment. first . Act is either a subordinate legislation, or inferior to the IPC and Cr.P.C in status. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. According to the High Court, the status of the M.V. Section 8: Road Accidents in One Million Plus Cities 33-34 10. Theoretical definition of risk The risk (or probability) of an accident can be calculated in the following way: accident risk = Exposure denotes the number of trials in which one of the SOLUKHMBU, Jan 18: At least three persons died and a person got injured in a road accident that occurred at Mahadev cliff along the border of Solu Dudhkunda Municipality and Necha Salyan Rural Municipality. 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It pointed out that while the maximum imprisonment for a first-time offence under Chapter XIII of the MV Act was up to only six months, the maximum imprisonment for a first-time offence under the IPC in relation to road traffic offences could go up to 10 years under Section 304 Part II of the IPC. Those responsible for motor vehicle accidents must be punished — “India is facing an increasing burden of road traffic injuries and fatalities. 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. last . Simply put, if a driver is involved in an accident in India and if it caused victim’s death then, a minimum of INR 50,000/- and if permanent disablement is caused then, a minimum of INR 25,000/- must be paid. 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. 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Section 279–338 IPC.Rash or negligent driving causing grievous injury to any other person. In State Of Arunachal Pradesh vs. Ramchandra Rabidas @ Ratan Rabidas, the Apex Court bench observed that offences under Chapter XIII of the MV Act, cannot abrogate the applicability of the provisions under Sections 297, 304, 304A, 337 and 338 of the 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. identify the risk factors involved in road traffic injuries. 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. 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