Applicability of Indian Penal Code (IPC)

Indian Penal Code, 1860 is the main criminal code of India which details out substantive aspect of offences and punishment thereof. The Code prescribes certain act or omission. Certain conduct of a driver could attract criminal liability under the Indian Penal Code. The driver should be aware of the fact that the attraction of penal law would bring legal complexities and trouble from the law-enforcement agencies. The procedural requirement under the penal law may be rigorous in comparison to the Motor Vehicles Act, thus might bring more discomfort to the wrongdoer. They are described below.

If a driver drives a vehicle or rides on a public way in a rash or negligent manner as to endanger human life or to be likely to cause hurt or injury to any other person, then he/she 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. Even if the act is not deliberate on the part of the driver, the criminality will get attracted on account of overhasty act on his/her part. In order to attract the penal provision, there is no need to establish that the rash or negligent act has resulted into injury to life or property. In case of any injury or death due to rash or negligent driving, the consequences of death or injury would be dealt under necessary penal provisions. Place, time, traffic and crowd are important factors to determine rashness or negligence.

In case rash or negligent driving results into death, the driver shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. The penal provision will get attracted when death is caused due to rash or negligent driving. The one who is driving the vehicle needs to be careful not only about the haste-act on his/her part but also sincere observation of the duty entrusted upon him/her as a driver. All the reasonable or foreseeable duty of a driver would be brought within the ambit of this section. For example, a driver who was driving an overloaded lorry and was signaled by a police officer to stop, but he refused to do so and drove on at an excessive speed wishing to escape the chase of the police officer. During the chase a girl tried to cross the road and was knocked down and killed, it is a case of rash or negligent driving causing death.

It is important to know that there is a solemn duty to be truthful about the information to be sought by the public servant, in the present case read as police officer, and legally bounden duty to produce a valid document asked for. In case the police officer asks for a driving licence or document related with motor vehicle, the driver intentionally omits to produce the documents will be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees or with both. If the information given turns to be false then he/she shall be punished with simple imprisonment for term which may extend to six months or with fine or both. Therefore, the driver should cooperate and display honesty in dealing with a police officer.

The driver/owner of a vehicle should avoid preparation/carrying of any forged document related to the vehicle or license. Any commission of forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or both. The offence of forgery is also committed by making, signing or sealing or executing a document with the intention of causing it to be believed that such document was a valid one.

Any conviction under penal law may disqualify the holder of the driving license from holding the valid license under the Motor Vehicles Act. The cancellation or suspension of the driving license or a declaration that the accused offender is disqualified for obtaining license either permanently or for a certain period will have a very deterrent effect, especially in the case of persons who earn their livelihood by driving motor vehicles.