AIR 2012 SUPREME COURT 2986 ::2012 AIR SCW 4659 ::AIR 2012 SC (Criminal) 1594 ::(2012) 3 ACC 722 ::(2012) 3 CurCriR 562 ::(2012) 7 Scale 354 ::2012 (4) AllCriLR 220 ::(2012) 53 OCR 409 ::2012 (4) RajLW 3597 ::2012 (118) AllIndCas 167

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): Swatanter Kumar, F. M. Ibrahim Kalifulla , JJ

(A) Penal Code (45 of 1860) , S.279— Rash and negligent driving - Determination - Speed does not always determine rashness and negligence - It is manner of driving that endangers human life which is determinative - Other parameters that are applicable are "reasonable care" and doctrine of res ipsa loquitur. Rash and negligent driving has to be examined in light of the facts and circumstances of a given case. It is a fact incapable of being construed or seen in isolation. It must be examined in light of the attendant circumstances. A person who drives a vehicle on the road is liable to be held responsible for the act as well as for the result. It may not be always possible to determine with reference to the speed of a vehicle whether a person was driving rashly @page-SC2987 and negligently. Both these acts presuppose an abnormal conduct. Even when one is driving a vehicle at a slow speed but recklessly and negligently, it would amount to 'rash and negligent driving' within the meaning of the language of Section 279 IPC. That is why the legislature in its wisdom has used the words 'manner so rash or negligent as to endanger human life'. The preliminary conditions, thus, are that (a) it is the manner in which the vehicle is driven; (b) it be driven either rashly or negligently; and (c) such rash or negligent driving should be such ....