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Head Note

Indian Penal Code,1860  - Section 304 , Section 304-A

Accident - Intention - Culpable Homicide - If the injury/death is caused by an accident, that itself cannot be attributed to an intention - If intention is proved and death is caused, then it would amount to culpable homicide. Motor Accident Cases - Accident - Definition of - An unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated. Motor Vehicle Act, 1988 - Section 203 - Breath Tests - The said test is required to be carried out only when the person is driving or attempting to drive the vehicle - the expressions "while driving" and "attempting to drive" in the sections have a meaning "in praesenti". Motor Vehicle Act, 1988 - Section 205 - Presumption of unfitness to drive - Punishment meted out to a drunken driver, is at least a deterrent for other such persons getting away with minor punishment and fine, Motor Vehicle Act, 1988 - Fog, visibility and speed - Assuming that there was presence of fog, it was a duty of the accused either to stop the vehicle if the visibility was poor or he should have been more cautious and driven the vehicle carefully in a lesser speed so that it would not have blurred his vision.

Indian Penal Code,1860  - Section 304 , Section 304-A

BMW Case - Rash and negligent driving - It is extremely difficult to assess or judge when liquor would show its effect or would be at its peak. It varies from person to person - Held - Accident had occurred solely and wholly on account of rash and negligent driving of BMW car by the respondent, at a high speed, who was also intoxicated at that point of time - This fact has been admitted by the Respondent-Accused at the Appellate stage in the High Court - For the simple reason that he had already driven almost 16 kms from the place where he had started, to the point where he actually met with the accident without encountering any untoward incident would not go absolutely in favour of the Respondent - There is no evidence on record that they had consumed more liquor on their way also - No such material objects were recovered from the vehicle, to suggest that even while driving they were consuming liquor - One may fail to understand if one could drive safely for a distance of 16 kms, then whether the effect of intoxication would rise all of a sudden so as to find the respondent totally out of control - There is nothing of that sort but it cannot be denied that he must have been little tipsy because of the drinks he had consumed some time back. It is, indeed, extremely difficult to assess or judge when liquor would show its effect orwould be at its peak - It varies from person to person. Motor Accident Cases - ''Reckless' - Definition of - Characterized by the creation of a substantial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk; heedless; rash - Intention cannot exist without foresight, but foresight can exist without intention - For a man may foresee the possible or even probable consequences of his conduct and yet not desire them to occur; none the less if he persists on his course he knowingly runs the risk of bringing about the unwished result. To describe this state of mind the word "reckless" is the most appropriate. Motor Vehicle Act, 1988 - Driving without licence - The accused was not having an Indian licence at the time of accident though he had produced a licence issued by the Licencing Authority from a State in the United States. Whether Sufficient? - Held - The judgment of this Court in Suleman Rahiman Mulani and Anr. V. State of Maharashtra [AIR 1968 SC 829] that there is no presumption of law that a person who possesses only a learning licence or possesses no licence at all, does not know driving is inapplicable to the facts of this case. In any view, in the instant case, we have already found that the accused was in an inebriated state, therefore, the question whether he knew driving is not of much consequence. Motor Vehicle Act, 1988 - Sections 134 and 187 - Duty of Driver, Passengers and Bystanders - Duty of driver in case of accident and injury to a person. - Punishment for offence relating to accident - Passengers who are in the vehicle which met with an accident, have also a duty to arrange proper medical attention for the victims. Further they have equal responsibility to inform the police about the factum of the accident, in case of failure to do so they are aiding the crime and screening the offender from legal punishment. No legal obligation as such is cast on a bystander either under the Motor Vehicle Act or any other legislation in India - We, therefore, direct the Union of India and State Governments to frame proper rules and regulations and conduct awareness programmes so that the situation like this could, to a large extent, be properly attended to and, in that process, human lives could be saved. Motor Accident Cases - Hostile Witnesses - If a witness becomes hostile to subvert the judicial process, the Courts shall not stand as a mute spectator and every effort should be made to bring home the truth - Held - undermine the entire criminal justice system and people carry the impression that the mighty and powerful can always get away from the clutches of law thereby, eroding people's faith in the system - We cannot, however, close our eyes to the disturbing fact in the instant case where even the injured witness, who was present on the spot, turned hostile.

Indian Penal Code,1860  - Section 304 , Section 304-A

Culpable homicide not amounting to murder - Causing death by negligence -Section 304A carves out a specific offence where death is caused by doing a rash or negligent act and that act does not amount to culpable homicide not amounting to murder under Section 299 or murder under Section 300 - Section 304A excludes all the ingredients of Section 299 or Section 300.

Indian Penal Code,1860  - Section 304

(i) The accused was only 21 years on the date of the accident, later married and has a daughter; (ii) Prolonged trial, judicial unfairness caused prejudice; (iii) The accused has undergone sentence of two years awarded by the High Court and, during that period, his conduct and behavior in the jail was appreciated; (iv) Accident occurred on a foggy day in the early hours of morning with poor visibility; (v) The accused had no previous criminal record nor has he been involved in any criminal case subsequently; (vi) The accused and the family members contributed and paid a compensation of 65 lacs, in total, in the year 1999 to the families of the victims; (vii) The accused had neither the intention nor knowledge of the ultimate consequences of his action and that he was holding a driving licence from the United States - We, therefore, order as follows: (1) Accused has to pay an amount of Rs.50 lakh (Rupees Fifty lakh) to the Union of India within six months, which will be utilized for providing compensation to the victim of motor accidents, where the vehicle owner, driver etc. could not be traced, like victims of hit and run cases. On default,he will have to undergo simple imprisonment for one year. This amount be kept in a different head to be used for the aforesaid purpose only. (2) The accused would do community service for two years which will be arranged by the Ministry of Social Justice and Empowerment within two months. On default, he will have to undergo simple imprisonment for two years. The Appeal is allowed to the aforesaid extent and the accused is sentenced as above.

Topic(s)-Culpable Homicide not Amounting to Murder

Important Decision(s)- 

• Culpable homicide not amounting to murder - Section 304A excludes all the ingredients of Section 299 or Section 300.
• If the injury/death is caused by an accident, that itself cannot be attributed to an intention.
• IPC Sec. 304 A - It is extremely difficult to assess or judge when liquor would show its effect or would be at its peak. It varies from person to person.
• Intention cannot exist without foresight, but foresight can exist without intention.