Rash driving or riding on a public way
Section 279 of the Indian Penal Code, 1860 deals with rash 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 279, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 281 Rash driving or riding on a public way Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Braham Dass v. State of H.P.
Court's Decision & Legal Precedent
Judgment of Main Case order-6.pdf 2009-05-05. Crl A 26/2003. Pasayat/Ganguly. DATE-CHECK flagged 1991-11-19 accident date (false positive); body is the named 5 May 2009 reportable. IPC 279 requires driving on a public way in a manner endangering human life; the foundation is rashness or negligence, not merely starting without the conductor's signal. Acquits. Map 279 only. Do not remap 304A (already filled). 337 was in the charge but the isolated construction is 279.
On this section: s.279 needs driving on a public way in a manner endangering life; rashness or negligence must be proved, not a mere start without the conductor's signal (Braham Dass).
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The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas
Court's Decision & Legal Precedent
A prosecution, if otherwise maintainable, would lie both under the Indian Penal Code and the Motor Vehicles Act, 1988, since both the statutes operate with full vigour in their own independent spheres. The offences provided under both the statutes are separate and distinct from each other, and an offender can be tried and punished independently under both statutes. The principle that the special law should prevail over the general law has no application in cases of prosecution of offenders in road accidents under the IPC and Motor Vehicles Act, as the offences do not overlap. Section 26 of the General Clauses Act, 1897 permits prosecution under either or both enactments but prevents double punishment for the same offence.
On this section: Rash driving or riding on public way; punishment for rash or negligent driving endangering human life
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Chandramani Nanda vs Sarat Chandra Swain
Court's Decision & Legal Precedent
In motor vehicle accident compensation cases involving catastrophic brain injury with permanent cognitive impairment: (1) Income should be assessed based on reasonable estimate at time of accident, considering progressive income trends and available evidence, not solely on tax returns dated years before accident; (2) Medical disability percentage does not determine functional disability—persistent neurocognitive impairment from brain injury can result in 100% functional disability despite lower medical disability; (3) Future prospects multiplier (40% for age 32) should be applied in addition to current income assessment; (4) Compensation heads should include loss of marriage prospects, attendant costs, and enhanced pain and suffering; (5) Amount initially claimed by claimant is not a bar to awarding higher compensation if found just and reasonable.
On this section: Criminal charges against bus driver for rash and negligent driving causing injuries and death; establishes negligence and liability in the accident
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B. Nagabhushanam vs State of Karnataka
Court's Decision & Legal Precedent
When there are concurrent findings of fact by trial court, appellate court, and High Court that a vehicle was driven recklessly and negligently resulting in death, the Supreme Court cannot reappreciate evidence. Physical evidence (break marks, position of body), absence of mechanical failure, absence of reasonable explanation from the driver, and consistent eyewitness testimony collectively establish guilt beyond reasonable doubt. Sentencing for death caused by negligent driving must prioritize deterrence to curb the rising rate of motor vehicle accidents in India. Professional drivers must be made aware through meaningful punishment that negligent operation of vehicles causing death will result in imprisonment, not leniency under benevolent provisions of sentencing laws.
On this section: Rash or negligent driving of vehicle; applied to find appellant guilty of rash driving; Court upheld conviction despite appellant's claim of low speed
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State of Karnataka vs Muralidhar
Court's Decision & Legal Precedent
In cases of death caused by rash and negligent driving under Section 304-A IPC, custodial sentences are necessary to reflect the gravity of the offense and to serve the dual purposes of punishment and deterrence. A court cannot waive custodial sentences merely on the basis of elapsed time without providing reasoned justification and without considering the severe consequences of inadequate sentencing on public confidence in the justice system. The sentencing court must carefully balance aggravating and mitigating factors with regard to the nature of the offense, the manner of its commission, and broader societal implications, particularly in cases involving road traffic fatalities which represent an epidemic in developing countries.
On this section: Rash or negligent driving on a public way; applied to the respondent's negligent driving of the bus that resulted in the collision
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Puttaswamy vs State of Karnataka
Court's Decision & Legal Precedent
Even if an offence under the Indian Penal Code is non-compoundable within the scope of Section 320 of the Criminal Procedure Code, the Supreme Court, exercising its discretionary powers under Article 142 of the Constitution, may reduce the sentence imposed while maintaining the conviction in view of a compromise arrived at between the parties, particularly when the interests of justice are better served by substantial compensation to the victim's family rather than custodial imprisonment, thereby achieving a pragmatic and equitable solution that recognizes the settlement while preserving the criminal law's adjudication of wrongfulness.
On this section: Rash Or Negligent Act Endangering Human Life Or Personal Safety - Applied to convict Puttaswamy; sentence set aside by High Court; conviction maintained
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Kuldeep Singh vs State of H. P
Court's Decision & Legal Precedent
Where a professional driver operates a motor vehicle carrying multiple passengers at dangerously high speed, creating an obvious and substantial risk of harm that any reasonable person would foresee, such conduct constitutes rash and negligent driving under Section 304A IPC. The resulting deaths from such conduct are punishable as offences of causing death by rash or negligent act. The primary consideration in sentencing for such offences is deterrence, to compel professional drivers to maintain constant vigilance and to prevent further motor vehicle accidents. A conviction for causing death by rash or negligent driving, even with time already spent in custody, must result in imprisonment to serve the deterrent purpose and uphold public safety.
On this section: Rash or negligent act with respect to causing danger by driving on public way
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Venkatesh Krishna Harijan vs State of Goa
Court's Decision & Legal Precedent
While upholding the conviction of an appellant for rash and negligent driving causing injury under Sections 279 and 338 IPC and Section 196 of the Motor Vehicles Act, 1988, the Supreme Court may reduce the sentence to the period already undergone in custody, balancing the principles of accountability and proportionality in criminal punishment.
On this section: Rash or negligent act with respect to traffic, applied to the appellant's driving conduct
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State vs Satish
Court's Decision & Legal Precedent
Without eyewitness testimony establishing the essential ingredients of rash and negligent driving, a person cannot be convicted under Section 279/304A IPC. The prosecution bears the burden of proving guilt beyond reasonable doubt, and this burden never shifts to the accused. When the prosecution's case is doubtful or lacks credible eyewitness evidence of the alleged rash and negligent driving, the benefit of doubt must be given to the accused, resulting in acquittal.
On this section: Rash or negligent driving on a public way. The court found that without eyewitness testimony, the essential ingredient of rash and negligent driving could not be established against the accused.
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Anita vs Gagan Kumar
Court's Decision & Legal Precedent
In proceedings under Section 166 of the Motor Vehicles Act, 1988, a Motor Accident Claims Tribunal is not strictly bound by the pleadings of the parties and should not dismiss a claim petition on the basis of technical errors in pleadings without considering the substantive evidence of the accident. The rules of pleadings do not strictly apply to claim petitions as the claimant is required to make an application in a form prescribed under the Act. The Tribunal should adopt a pragmatic and holistic view of the entire record, considering the prescribed form, evidence adduced, and the beneficial nature of the legislation, rather than applying hyper-technical pleading rules. Order VI CPC is consciously excluded from application to claim petitions, reflecting the legislative intent that Tribunals should not be bound by strict pleading rules.
On this section: Rash or negligent driving of a motor vehicle. FIR was registered under this section in the present case.
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State vs Gani Mohd.
Court's Decision & Legal Precedent
A conviction pronounced against an accused who cannot understand the proceedings, without explaining to the accused the incriminating circumstances appearing against him and without giving him a chance of defence, and without a conclusive finding about the accused's mental state regarding understanding of proceedings, is void ab initio. Before proceeding with trial against such an accused, the trial court must make necessary enquiries and reach a definite conclusion about whether the accused can be made to understand the proceedings. The legislative intent of Section 318 CrPC is that conviction can be recorded only when the requirements of Chapters XVII to XXI of the Criminal Procedure Code have been complied with.
On this section: Rash or negligent act endangering human life or personal safety. Accused was convicted under this section.
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Gurmeet Singh vs State Of Punjab
Court's Decision & Legal Precedent
When a court exercises its discretionary power in sentencing, it must balance the principles of proportionality, deterrence, and reformation by considering the gravity of the offense, manner of commission, age of the accused, and the conduct of the accused post-conviction. Where an accused has already undergone a substantial portion of the sentence, has become a law-abiding citizen, and is not involved in any other criminal activity, the court may exercise its discretion to reduce the sentence to the period already undergone while maintaining the deterrent aspect through an increased fine, provided the conviction itself is based on correct appreciation of evidence.
On this section: Offense of rash or negligent driving on a public way; applied as secondary offense in the petitioner's conviction
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In Reference vs Vinod
Court's Decision & Legal Precedent
For the purpose of the Commission for Protection of Child Rights Act, 2005, 'child' means a person who has not completed 18 years of age. Only those offences against children or violations of child rights in respect of which the Commission finds 'violation of child rights of a serious nature' or 'contravention of provision of any law for the time being in force' and recommends to the concerned Government or authority for initiation of proceedings for prosecution shall be deemed to be cognizable and triable by the specified Children's Court. In all other cases, ordinary procedure provided in the Code of Criminal Procedure shall be followed. The Children's Court cannot directly take cognizance; it can take cognizance only if the case has been committed to it by a Magistrate as provided in the Code of Criminal Procedure.
On this section: Applied to the facts of the case involving traffic violation and injury to child victim; discussed whether such offences automatically require Children's Court trial
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Ram Singh vs Tata Aig Insaurance Company
Court's Decision & Legal Precedent
When injured parties in a motor accident claims petition cannot be served through ordinary process due to having left the jurisdiction and their whereabouts being unknown, and when they demonstrate lack of interest in pursuing the claim, the Motor Accident Claims Tribunal may dispose of the case by consigning the file to records, as continuation of proceedings becomes impossible and futile.
On this section: Sections 279 (rash or negligent driving), 337 (causing hurt by act endangering life), and 338 (causing hurt by act knowing it is likely to cause hurt) relate to the criminal liability arising from the motor accident
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Vijaybhai Kantibhai Gameti vs The State of Gujarat
Court's Decision & Legal Precedent
In criminal bail applications, the court must balance the accused's constitutional right to liberty (Article 21) with the state's interest in ensuring trial completion. Bail is not a punishment but a mechanism to secure the accused's presence during trial. When the offences charged do not fall within the most serious categories under Section 437 CrPC, and when appropriate bail conditions can adequately protect the state's interests, bail should be granted. The gravity of the offence and the prescribed punishment are relevant considerations, but indefinite detention without trial is unconstitutional.
On this section: Rash or negligent act endangering human life; one of the offences charged against the accused
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Manisha vs Ranvir singh Maan
Court's Decision & Legal Precedent
In motor accident claims, the standard of proof is preponderance of probability, and registration of an FIR is sufficient prima facie evidence of negligence by the driver named therein.
On this section: Related criminal charges for rash driving and causing death by negligence.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Hauz Khas, Delhi, whereby the petitioner was convicted of offences under Section(s) 279 & 304A of the Indian Penal Code, 1860[4]( page-1-1) and awarded sentence of two years Rigorous Imprisonment[5]( page-1-2) under Section 304A IPC and six months of Simple Imprisonment[6]( page-1-3) under Section 279 IPC, [both sentences to run concurrently], along with a fine of Rs.50,000/- [ Rupees Fifty Thousand Only ] to be paid to the families of each of the two pedestrians, namely Sultan Singh and Raja @ Raghu Verma[7]( page-1-4) , in default whereof, he would undergo one month of Simple Imprisonment. 2. As per facts, …
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… JUSTICE NEENA BANSAL KRISHNA Through: None. J U D G M E N T (oral) 1. The Leave to Appeal is sought against Judgement dated 22.09.2020 acquitting the respondent of the offences under Section 279/337/338 of the Indian Penal Code, 1860 ("IPC" hereinafter ) arising out of FIR No. 50/2015 P.S. Fatehpur Beri. 2. The grounds on which the impugned acquittal of the Respondent has been challenged which are essentially that the evidence of the prosecution witnesses have not been considered in the right …
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… Consequently, they fell and sustained injuries. Suraj Soni/Driver sustained a head injury. It was alleged that driver stopped the car and sent Shubham Soni and Suraj Soni to the RML hospital where Suraj Soni succumbed to his injuries. 5. FIR No. 125/18 got registered for the offence punishable under Sections 279/337/304-A of Indian Penal Code, 1860 ('IPC' hereinafter ) at PS Ranjeet Nagar, Delhi. 6. The Detailed Accident Report ('DAR' hereinafter ) was filed before the Ld. Tribunal. The Petition under Section 166 and 140 of the M.V. Act was also filed for …
Questions about Section 279
What have the courts held on Section 279 of the Indian Penal Code?
Braham Dass v. State of H.P. (05 May 2009) is the leading judgment on this section among those set out below: s.279 needs driving on a public way in a manner endangering life; rashness or negligence must be proved, not a mere start without the conductor's signal (Braham Dass). Another 15 judgments on this section are set out below, 8 of them from the Supreme Court. They run from 2008 to 2026.
How do I find court cases under Section 279 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 279, section 279 IPC, section 279 of the Indian Penal Code. People searching for it also type ipc 279 337 and 338 punishment in hindi and ipc 279 337 and 338 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with Braham Dass v. State of H.P. (05 May 2009).
What should I read with Section 279 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 281 (Rash driving or riding on a public way), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 279 of the Indian Penal Code come into force?
Section 279 of the Indian Penal Code, commonly called rash and negligent driving, and cited as IPC 279, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.