In this section, we present three frameworks or approaches: the public health approach; the Haddon matrix; and the systems approach. A truck (Ba 4 Kha 7980) met with the accident at around 11.30PM on Sunday, falling some 300 meters off the cliff. the chapter three includes of punishments. Legal experts say that in most accident cases, section 304A (causing death by negligence) is applied. Tables Page No. 1. In State Of Arunachal Pradesh vs. Ramchandra Rabidas @ Ratan Rabidas, the Apex Court bench observed that offences under Chapter XIII of the MV Act, cannot abrogate the applicability of the provisions under Sections 297, 304, 304A, 337 and 338 of the IPC. last . Section 279 defines and punishes Rash Driving. Welcome to t he r o ad accident fund The Road Accident Fund (R A F) p rovid es compu l s or y c over to all users of S outh African roads, c i tizens and foreigners, against injuries sustained or death ari si n g f r om accidents in volving motor vehicl es with in the borders of South Africa. next . https://images.indianexpress.com/2020/08/1x1.png, here to join our channel (@indianexpress), An Expert Explains: Covid-19 vaccine route to healthy India, ExplainSpeaking: What the RBI is worried about. The punishment under the … It noted that there is no bar under the MV Act or otherwise, to try and prosecute offences under the IPC for an offence relating to motor vehicle accidents. Therefore, the court said, “prosecution of offenders in cases of road traffic accidents must be carried out under the MV Act as a general rule” (barring cases of culpable homicide not amounting to murder under Section 304 IPC), and to invoke the IPC “is violative of settled principles of law and contrary to the legislative intent of the MV Act”. For all the latest Explained News, download Indian Express App. Section 10: International Comparison 37-38 12. The Indian Penal Code (1860) sections 279, 304 (Punishment for Culpable Homicide not Amounting to Murder), and 336 /337/338 protects the public, which includes pedestrians, against rash driving and negligence by motorists. 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The HC directed the states of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, and Arunachal Pradesh to issue directions to “ordinarily register cases against offenders of motor vehicle accidents only under the provisions of the MV Act subject to the exception under Section 304 IPC”. phil.) Such an interpretation would have the consequence of letting an offender get away with a fine by pleading guilty. Accident under Section 80 Includes an Accident committed while doing a lawful act. Road Traffic Offences Can Be Prosecuted Under Both IPC & Motor Vehicles Act: SC Sets Aside Gauhati HC Directive [Read Judgment]. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. start. It said that the Section 5 of the IPC recognizes the supremacy of the special laws, which cannot be diluted under the garb of Section 26 of the General Clauses Act, 1897. Click here to join our channel (@indianexpress) and stay updated with the latest headlines. Though, Sections 279, 304A, and 338 of the IPC are applicable in the Hit and Run Cases. stop. 1)section 279 IPC deals with rash and negligent driving punishable with imprisonment upto 6 months or fine up to Rs 1000 or both 2) it is also punishable under section 336 , 337, 338 of IPC which provide that if person drives rashly endangering life or personal liberty of others . Update on Serious Accident on Brewster Road: Occupants Thrown from Car Print Email Tuesday, 12 January 2021 09:06 Last Updated: Wednesday, 13 January 2021 12:50 Published: Tuesday, 12 January … * The moderation of comments is automated and not cleared manually by, Copyright © 2021 The Indian Express [P] Ltd. All Rights Reserved, Not just MV Act, speeding or driving rashly can attract charges under IPC as well. The Supreme Court has observed that road traffic offences can be prosecuted under Motor Vehicles Act as well as Indian Penal Code. In its judgment of December 22, 2008, the Agartala Bench of Gauhati High Court ruled that since the IPC, CrPC, and MV Act are all part of the Concurrent List, “the status of the MV Act is at par with the IPC and CrPC, and it cannot be presumed that MV Act is either a subordinate legislation, or inferior to the IPC and CrPC in status”.