Indian Penal Code, 1860
Section 279
repealedRash driving or riding on a public way
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, 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.
Why this exists
Roads are shared public spaces, and reckless driving endangers everyone on them, not just the driver. This section existed to criminalize dangerous driving even before any accident actually happens — the danger itself is the offence. It is one of the most commonly used sections in everyday policing of traffic behaviour. Under the Bharatiya Nyaya Sanhita, 2023, this offence continues under a renumbered section, and is often read together with the Motor Vehicles Act for licensing and vehicle-specific penalties.
How courts read it
Courts have held that rash or negligent driving is judged by the manner of driving and the surrounding risk it creates, not merely by the speed of the vehicle; even slow driving can be rash if done carelessly in a crowded area, and mere accident without proof of rashness or negligence is not enough to convict.
Common misconceptions
- Myth: Someone must actually be injured or killed for this section to apply.
Fact: The offence is complete once the driving is rash or negligent enough to endanger life or risk injury; an actual injury is not required.