The Hindu : National : Rash driving: apex court for enhanced punishment

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Monday, Jun 25, 2007
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Rash driving: apex court for enhanced punishment

Legal Correspondent

Court concern over increasing number of accidents
Says many victims are wage-earners

NEW DELHI:

NEW DELHI: The Supreme Court has recommended that the Centre amend the Indian Penal Code to provide for enhanced punishment for offences relating to rash and reckless driving. At present, the maximum punishment for an offence under Section 304A IPC (causing death due to rash and negligent driving) is two years.

A Bench of Justices Arijit Pasayat and D.K. Jain expressed serious concern over the increasing number of accidents, particularly due to rash and negligent driving, and said: “Out of the 1.2 million people killed in road accidents across the world, India accounts for 59,927 deaths. In addition to the devastating human toll, the economic impact of road crashes is also enormous, Many of those injured or killed are wage-earners, leaving their families destitute and without means of support.”

In the instant case, Prabhakaran, a bus driver, was awarded five years imprisonment by the trial court for causing the death of a school boy. On appeal, the Kerala High Court confirmed the punishment. The present appeal by Prabhakaran is directed against the judgment.

The Kerala Government submitted that Prabhakaran drove the bus in a rash and reckless manner despite being cautioned by passengers to reduce the speed as several schoolchildren were crossing the road and the vehicle ran over a 10-year-old boy.

The police booked a case under Section 302 IPC (murder), but the Sessions Court found him guilty under Section 304 II (culpable homicide not amounting murder for which the maximum punishment can extend up to 10 years) and sentenced the driver to five years imprisonment. This was on grounds that he knew that his action could result in the death of a person. The State contended that in a case of this nature two years sentence was grossly inadequate.

Allowing the appeal, the Bench said: “There is substance in the submission of the State considering the increasing number of vehicular accidents resulting in the death of large number of innocent persons. But the statute presently provides for a maximum sentence of two years. It is for the legislature to provide for sentence. No higher punishment can be imposed on an offender.”

Accepting the appellant’s argument, the Bench said he should have been convicted only under Section 304A as the provision applied to rash and negligent acts and no higher punishment could be awarded. However, it agreed with the view that in a case of such rash driving, maximum punishment was insufficient.

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