The Supreme Court stressed careful sentencing where negligent driving causes death, especially involving professional drivers.
FACTS
On July 4, 1994, Dalbir Singh, while driving a stage carriage which is Haryana Roadways bus, negligently struck a cyclist in front of the main gate of Board of School Education at Bhiwani. The cyclist, who was just leaving his office, was dragged a significant distance after being hit and was crushed to death. Dalbir Singh was subsequently convicted under
- Section 279 (IPC)/ 281 BNS: 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 extend to one thousand rupees, or with both.” and
- Section 304-A (IPC)/ 106 BNS : Causing death by negligence -: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Also Read – Jarnail Singh v. Lachhmi Narain Gupta (2018)
ISSUE
A person drives a vehicle rashly/negligently and because of that negligence, someone dies. Now the question is :
Can the court release that person on probation (chance to reform) instead of sending them to jail?
ARGUMENTS OF PARTIES
PETITIONER : The accused person’s lawyer requested the court to give the accused the benefit of the Probation of Offenders Act, 1958.
RESPONDENT : The court heard what the appellant’s lawyer had to say. After hearing the appellant’s side, the judges felt that they did not need to hear the State’s side. Therefore, they did not even send a notice to the State asking them to appear and argue the case.
ANALYSIS OF LAW
The law says If a person is found guilty of an offence and that offence is not punishable by death or life imprisonment, the court can consider releasing that person on probation. But the court will do this only If after looking at the facts of the case and the person’s character, it thinks that giving them a chance to reform is appropriate.
There are basically 3 important conditions:
1. The person must be found guilty.
2. The offence must not be punishable with death or life imprisonment.
3. The court must think the person deserves a chance.
JUDGEMENT
In this case, the judgement was given by THOMAS, J. where it was said that when automobiles had become the death trap for the people and any leniency shown to such drivers can increase the risk of road accidents.
According to the court, it is the duty of the drives of the automobiles who are manning the steering, specially the professional drivers, should keep in their mind regarding taking utmost care while driving the automobile. One of the best way to keep such drivers reminding of their duty is by maintaining punishment in sentencing sphere. Any leniency shown to such drivers would tempt them to drive more carelessly and negligently.
The judgement given by the court is appropriate as if the drivers are not under the mental duty they would become carefree and reckless and would drive the automobile negligently causing threat to the lives of the people.
This article has been researched and prepared by Diya Singla, Legal Research Intern at LegalRath.
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