Section 279- Rash Driving or Riding on a Public Way

While driving one should be very careful because even a single laxity could send you behind the
bars. When a person drives a vehicle negligently or drives at a very high speed, causing injury to
any person or likely to cause hurt to any person will be legally responsible under section 279 of
Indian Penal Code.

What is meant by rash and negligent driving?

When a person drives a vehicle without abiding with the driving rules, he appears to be causing a
rash and negligent act.Under this section, carelessness may become the factor for deciding
rashness or negligence on the part of the driver, however, mere high speed does not amount to rash
driving. When the driver is capable of controlling the high speed of the vehicle or when the road on
which he is driving seems empty, then the act of the driver will not constitute rash and negligent
driving. Although, sometimes even on highways the speed limit is fixed by Ministry of Road
Transport and Highways which is quite high, in such cases driving in high speed will not holdthe
driver liable for the offence of rash driving under section 279 of Indian Penal Code.But if a person
drives a vehicle on road without due care and attention, he shall be guilty of committing the offence
under this section.

Focus on windshield rather than rare view mirror

To come within the ambit of section 279 of Indian Penal Code, another aspect to be kept in mind is
riding negligently on a public way. Public way means a busy road, passage or an area highly
populated which is commonly used or is opened for the access by the general people to walk or
travel by a vehiclefor example footpaths, roads, highway, bridges. It is a right of easement granted to
the general public to move freely on such pathways, it is not imperative for an act to result into an
injury butwhen a person drives vehicle on any such way used by the public, rashly or negligently
causing hurt or injury to any person not amounting to death of the person, whether knowingly or
unknowingly, then the driver of the vehicle will be punishable under section 279 of Indian Penal
Code.

What happens when the driver causes injury or death of the person?

While driving the vehicle, if the driver has caused an accident by rash and negligent driving which
results in an injury of any person then the driver along with section 279 of Indian Penal Code may
also be held liable under section 337 punishable with 6 months or fine and section 338 punishable
with 2 years or fine, of Indian Penal Code for causing hurt to any person which may result in death of
the person. If the driver causes accident negligently which results in death of any person or the
driver was found under the consumption of alcohol, then he will be guilty under section 304a of
Indian Penal Code.

In this regard, the Punjab and Haryana HighCourt in one of its judgement held that a truck-driver,
driving his vehicle rashly and negligently at a high-speed climbed the footpath and hit the deceased
from behind causing his death. This act of his rash and negligent driving on a public way held him
liable under Sections 279 and304a (Causing death by negligence) of IPC.

Thus, section 279 of IPC only deals with and imposes punishment on a driver for rash and negligent
driving or riding on a public way which may put human life at risk but if the act of the driver results in
actual injury or death of a person then this section will be read with other sections i.e. section 337
(Causing hurt by act endangering life or personal safety of others),section 338 (Causing grievous
hurt by act endangering life or personal safety of others), and section 304a ( Causing death by
negligence) of Indian Penal Code.

Punishment under Section 279

Whenever a person commits an offence of rash driving or riding on a public way under section 279
of IPC then he/she shall be held liable for imprisonment for a term of 6 months or with a fine which
may extend up to 1000 rupees or with both. Such imprisonment and fine will depend upon the
seriousness of the crime.

Nature of the offence

The offence punishable under section 279 of IPC is cognizable offence where the police has a right
to arrest a person of an offence without a warrant, but such offences are bailable in nature and is
triable by the Magistrate who is having the authority over the area wherein such offence has been
committed.

FAQ's on IPC Section 279

What offence is defined under IPC 279?

Driving or riding on a public way so rashly or negligently as to endanger human life, etc..

What is the punishment for IPC 279 Case?

The punishment for IPC 279 is 6 Months or Fine or Both.

Is IPC 279 cognizable offence or non-cognizable offence?

IPC 279 is a Cognizable.

How to file/defend your case for IPC 279 offence?

Use LawRato for filing/defending your case under IPC 279 with the help of best criminal
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Is IPC 279 bailable or non-bailable offence?

IPC 279 is a Bailable offence.

In what court can IPC 279 be tried?

IPC 279 is tried in the court of Any Magistrate.