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Old 12th July 2014, 20:56   #76
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Originally Posted by malq View Post
Dear Born 2 Be Wild - in India, from the MVA, if you splash somebody with water, you can be prosecuted under Sections 177, 184, 187, 201, 190, 112 & 189. That's just to start with. After that come provisions of the CrPC/IPC.

In UK - Under section 3 of the Road Traffic Act 1988, it is an offence to perform a clear act of incompetence, selfishness, impatience or aggressiveness which causes inconvenience to other road users. The Crown Prosecution Service specifically include: "driving through a puddle causing pedestrians to be splashed" in its description of this act.
You have randomly shot of sections under the MV act most of which have nothing to do whatsoever with the topic at hand.! Am on my my phone otherwise I would have typed down all those sections in detail for everyone.

Crpc and IPC have no section at all for this topic :P as far as I know. So if you know of one please enlighten everyone. Going by your logic half of Delhi would be challaned in the monsoon season
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Old 12th July 2014, 22:20   #77
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Default Re: Splashing Rain Water - who is responsible

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Originally Posted by malq View Post
Dear Born 2 Be Wild - in India, from the MVA, if you splash somebody with water, you can be prosecuted under Sections 177, 184, 187, 201, 190, 112 & 189. That's just to start with. After that come provisions of the CrPC/IPC.
Copy Pasted from http://www.vakilno1.com/bareacts/mot...icles-act.html


Quote:
112. Limits of speed.

(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force:

Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette.

(2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads:

Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month.

(3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938).
Quote:
177. General provision for punishment of offences.

Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.
Quote:
184. Driving dangerously.

Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
Quote:
187. Punishment for offences relating to accident.

Whoever fails to comply with the provisions of clause (c) of sub-section (1) of section 132 or of section 133 or section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Quote:
189. Racing and trials of speed.

Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to one month, or with a fine which may extend to five hundred rupees, or with both.
Quote:
190. Using vehicle in unsafe condition.

(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.

(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence which may extend to three thousand rupees, or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with both.
Quote:
201. Penalty for causing obstruction to free flow of traffic.

(1) Whoever keeps a disabled vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position:

Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law:

1[Provided further that where the vehicle is removed by a Government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle.]

2[(2) Penalties or towing charges under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.]
The only section applicable, in my non-lawyer opinion, is Sec. 184 Driving dangerously. Splashing water on road users may startle them and lead to loss of control. If not for the sake of this rule, at least have the courtesy to let pedestrians/bikers pass the puddle. Waiting 2-3 seconds at a puddle won't cause you a significant delay.

Puddled water is not the same as rain water. Rain is one of the purest forms of natural water (after the initial showers). Splashing on anyone not in an enclosed vehicle is NOT ok. It's not just the mucky water, there's also the shock of getting drenched in cold water, and the physical impact of water thrown at you if the vehicle was going fast enough.

If your act of splashing can be proved to be intentional, CrPC and IPC, can very well be put to effect.
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Old 12th July 2014, 22:21   #78
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Default Re: Splashing Rain Water - who is responsible

A bit of info for people on MVA offences.
http://transport.bih.nic.in/Penalties.htm
Splashing Rain Water - who is responsible-offences.png

Last edited by 999 : 12th July 2014 at 22:23.
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Old 12th July 2014, 23:01   #79
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Originally Posted by 999 View Post
A bit of info for people on MVA offences.
http://transport.bih.nic.in/Penalties.htm
Attachment 1260812
Exactly my point! Most of the sections mentioned by malq are irrelevant to what we are discussing here.. This should give forum members clarity on MV act..
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Old 13th July 2014, 00:43   #80
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Default Re: Splashing Rain Water - who is responsible

I thought the thread was over the top earlier, I think this is beyond incredible now. Let me get this right - you are eagerly suggesting prosecuting those mindless idiots / jerks under a whole raft of the MVA with bits of CrPC/IPC thrown in. Incredible is all I can say.

I'm simply curious - by that same logic, the lady is also guilty of assault, no?!

My singular unqualified unsolicited opinion is that something like this should not see the light of the courts - our courts are overburdened solving other issues as is. The kind of prosecution / line of action espoused by malq just leaves my mouth agape.
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Old 13th July 2014, 01:35   #81
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Splashing water on the other road user which could lead to a court case is funny. Doesn't it sound stupid at the first place itself?!

All the cabbies and RTC guys would be in jail then.

Anurag.
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Old 13th July 2014, 02:49   #82
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Default Re: Splashing Rain Water - who is responsible

The fault lies with two things.
The first thing is Rain.
This is the primary reason. I feel, concerned citizens should go to "ohmygodyoumoronsgiveusyouremsailaddressfreee. com" and simply file a petition against rain.

If 25000 votes, and 20,000 facebook likes can be achieved, we can get our esteemed leaders to ban rain itself.

The second thing responsible for splashing is the roads itself. By allowing roads to exist, the act of splashing water becomes possible. I believe, that it is some high level conspiracy which has caused this.

So do not take this lying down. Lets petition for banning of rains, and also give support to our friendly neighborhood telecom company for digging the road and permanently removing it.
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Old 13th July 2014, 03:34   #83
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Default Re: Splashing Rain Water - who is responsible

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Originally Posted by tsk1979 View Post
The fault lies with two things.
The first thing is Rain.
This is the primary reason. I feel, concerned citizens should go to "ohmygodyoumoronsgiveusyouremsailaddressfreee. com" and simply file a petition against rain.

If 25000 votes, and 20,000 facebook likes can be achieved, we can get our esteemed leaders to ban rain itself.

The second thing responsible for splashing is the roads itself. By allowing roads to exist, the act of splashing water becomes possible. I believe, that it is some high level conspiracy which has caused this.

So do not take this lying down. Lets petition for banning of rains, and also give support to our friendly neighborhood telecom company for digging the road and permanently removing it.
first the case had me in splits and rest your post did.
This case sounds extremely fake and written by someone who gets no attention in her life and wants to seek some via facebook. Funniest was she ran 700m in rain. Really, Bolt would be proud. And then she wants us to believe she slapped 2 guys who intentionally teased her by splashing rain water(first time in my life i am hearing this form of teasing and must applaud for her creative brain) and then those guys didn't react at all. Rubbish.

Rain happens, water gets clogged and sometimes splashes happen too. No matter how careful i am there are times it happens due to bad light, potholes not spotted in time etc.
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Old 13th July 2014, 05:40   #84
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Default Re: Splashing Rain Water - who is responsible

AND in addition to the sections of the Indian MVA quoted above, as well as the British rules quoted above by way of example in another country, please add all the relevant sections of the law as applicable in India about harassing women, of which there are quite a few too.
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Old 13th July 2014, 06:28   #85
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Generally such instances should not see the court. If you are at the receiving end, India is a country with seasonal rains and unseasonal bad roads. Protect yourself.
If you are at the giving end, here's something that happened to me a few years ago:

I was driving a little enthusiastically to my new office in the morning. It was raining lightly and puddles had formed everywhere.
As I came off the WEH near the Arrey signal and turned left towards Goregaon station I went through a puddle a bit too fast and splashed some of it on a man who was trying to cross the road. While I waited in the traffic at the signal the man made several gestures at me from the pavement to let me know of his feelings.
As the lights turned green and traffic moved I started on. And then I stopped. I pulled over to the side and got out.
The man was walking down the same road, towards the station. Probably he would take his scheduled train to work. And thanks to my carelessness he would have to attend work in filthy clothes.
Ashamed of myself I stopped him and apologized to him. I then offered to buy him new clothes. I think that was the least I could do.
The fellow refused. He even forgave me for the splashing saying things happen.

The other incident: couple of years back when I was driving to work, at a different location, in the bylanes near the office an auto rickshaw came up from the other side. As the auto passed me, I could see a little girl sitting in the seat squirming and moving away from the door anticipating a splash from the puddle we both were about to cross.
I slowed down to a crawl to let the auto pass.

I have never splashed water on anyone after that.
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Old 13th July 2014, 19:00   #86
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Default Re: Splashing Rain Water - who is responsible

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Originally Posted by malq View Post
please add all the relevant sections of the law as applicable in India about harassing women, of which there are quite a few too.
Why My Lord?!

Aren't Indian laws sufficient? What is the point in bringing the MV Act here?

I feel that the thread is going

Anurag.
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Old 13th July 2014, 19:16   #87
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Default Re: Splashing Rain Water - who is responsible

Stopping to apologise can be dangerous too! (It depends on the victim).

I saw an incident around a year back when a man splashed water on an auto and its occupants by driving through a puddle. His was a stupid move because he overtook the auto from the left most lane of a 3 lane road. Probably noticed the puddle too late.

The man stopped ahead, maybe to apologise. But what followed was astonishing: the auto driver ran up to the car, and thrashed the man through the open driver side window before he even got a chance to come out of the car.

For folks from Bangalore, it happened on outer rind road, Bangalore, immediately after the end of the tin factory flyover while going towards Hebbal. Due to road irregularities, there is a low spot there which easily forms puddles.
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Old 14th July 2014, 17:19   #88
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Default Re: Splashing Rain Water - who is responsible

This is definitely one of those "what are we really talking about here" kind of a thread. I am amazed that it has actually lasted 6 pages with quite a few interesting posts already. Keeping all the laws aside ( including the woman harassment ones), splashing of rain water is unavoidable on our roads. The drainage system or the lack of it ensures that there are zillions of puddles on our roads. And one cannot stop for these puddles while driving because there are just too many of them. However I follow a few basic etiquette while driving in rain and have even seen quite a few fellow drivers follow them too whenever possible:

1. One cannot stop on the main roads where traffic volume and speed are both high. However if there is a huge puddle and there is a biker going along with your car, then just out of courtesy slow down without risking getting rear ended. That would prevent the poor chap to get drenched all over and is also much safer as the biker doesn't lose visibility or get drenched. And most of the times they acknowledge your gesture with a smile.

2. On relatively empty roads or inner residential roads, one can definitely drive slow through huge water collections if there is a fellow pedestrian. Smaller puddles do not cause much trouble as everyone anticipated getting splashed to some extent as it is inevitable. But yea drenching them from head down is a little rude and uncalled for.
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Old 15th July 2014, 11:09   #89
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Default Re: Splashing Rain Water - who is responsible

Narrating an incident which happened when I was still in my school. One of our family friends took us out for a dinner and this person was then (now retired) at one of the top positions in the Govt.

As we were passing through a puddle, he slowed down very much making sure that he doesn't splash the rain water on the pedestrians and after regaining speed he said "We were also walking on the road once. Now that we are driving a luxury car, we can't forget where we came from".

That episode still remains in my memory. Now, when I drive, I try my level best to implement what he showed me that day. Yep., sometimes unintentionally or out of no-other-option scenario, I might be breaking this self-imposed rule.
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Old 24th July 2014, 18:28   #90
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Default Re: Splashing Rain Water - who is responsible

One of the few good things about risk of being splashed on by passing vehicles is that these annoying and dangerous autorickshaws drive more carefully and with some discipline - so as not to upset their customers. Today I noticed they were all dutifully sticking to left most lane and not trying their usual stunts.

On the flip side, the tarpaulins "protecting" the passengers also ensures very low visibility for the driver.

Last edited by Kumar R : 24th July 2014 at 18:29.
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