The prosecution needs to prove this. 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. The offense committed under section 279 is bailable and is … (S 304 IPC, causing death by negligence, maximum punishment, two years). Causing death by negligence.--Whoever causes the death of any person by doing any rash or negligent act not … As a result, my car was badly damaged both from the back and front. OFFENCES RELATED TO DOCUMENTS . Sections 279, 304A, and 338 of IPC are imposed on the victims of hit-and-run incidents. For the same reason the Apex Court has advised legislature to consider stringent laws: 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”. 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. Section 9: Spatial & Inter temporal Distribution of Road Accidents 35-36 11. It enables traffic stresses to be reduced to acceptable levels in sub-grade in the Road Cross Section so that excessive deformation is prevented. Following are the important observations made in this judgment. 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. The Supreme Court has observed that road traffic offences can be prosecuted under Motor Vehicles Act as well as Indian Penal Code. Section 8: Road Accidents in One Million Plus Cities 33-34 10. Therefore, “if the IPC gives way to the MV Act, and the provisions of CrPC succumb to the provisions of the MV Act…, then even cases of culpable homicide not amounting to murder, causing death, or grievous hurt, or simple hurt by rash and negligent driving, would become compoundable”. In its judgment of December 22, 2008, the Agartala Bench of Gauhati High Court ruled that since the IPC, CrPC, and MV Act are all part of the Concurrent List, “the status of the MV Act is at par with the IPC and CrPC, and it cannot be presumed that MV Act is either a subordinate legislation, or inferior to the IPC and CrPC in status”. Définition. Act is either a subordinate legislation, or inferior to the IPC and Cr.P.C in status. Imprisonment for 6 months, a fine of Rs 1000 or both can be imposed on a driver for rash driving or injuring another person on the road. Section 304(a) states as follows: “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 both.” 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. 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. Enforcement of these traffic laws - rules, regulations and acts can bear out the road accidents. Accident under Section 80 Includes an Accident committed while doing a lawful act. Issuing challans in the Case being classified as a drainage layer, by protecting sub... 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