The Hindu : National : ‘Death by rash driving not murder’

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Thursday, Nov 15, 2007
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‘Death by rash driving not murder’

Legal Correspondent

New Delhi: Death due to rash and negligent driving will not amount to murder, the Supreme Court has held.

In such cases Section 302 (murder) of the Indian Penal Code has no application and at the most the offence might fall under Section 304-A (rash and negligent driving), said a Bench consisting of Justices Arijit Pasayat and P. Sathasivam.

It was allowing an appeal by a bus driver from Madhya Pradesh challenging the framing of murder charges by the trial court and its affirmation by the High Court.

The trial court framed charges against Naresh Giri under Section 302 for causing the death of two persons when he tried to cross the rail track even as a train was fast approaching an unmanned level-crossing in August 2004. This in spite of the bus passengers persistently asking him not to take a risk as the train was approaching at high speed.

Writing the judgment, Justice Pasayat said that in this case Section 302 would not apply and only Section 304-A would be attracted. The Bench said, “For establishing the murder charges, the element of criminal intention to cause death was necessary and till this condition was met, a person could not be charged with murder.”

In such cases, “there may be no motive or intention, still a person may venture or practise rashness or negligence which may cause the death of others. Death so caused is not the determining factor.”

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