[tsk1979]

In a landmark judgement, the Delhi high court has said that fast driving does not mean rash driving while aquitting a tempo driver who knocked down a biker who died.
The court held the police "below par" and said that if someone is driving fast it does not mean that person can be booked under rash and negligent driving. It directed the police to provide specific proof's like pictures etc., of the accident spot and specifically proove such cases.
Read this in the papers, but cannot find an online link.
Does this judgement translate to "bigger vehicle at fault" rule finally being challeneged.

[condor]

That is a rational thought, if applied right.
http://www.tribuneindia.com/2006/20061003/delhi.htm#6
Also appears in hindustan times, but need an id to view the e-paper

I seriously hope and want that the 'bigger vehicle at fault' rule is challenged and changed appropriately.

[amit]

Read about this in the papers too. Finally someone is talking sense!

[GTO]

I agree. Rash driving can also be practiced at 20 kmh. Fast does not necessarily mean rash. And rash does not necessarily mean fast.

[Rtech]

Exactly what common sense would dictate. Sad that our Cops need the High Court to tell them this.

[rks]

Here is a quote from the given link to the Tribune article:

The court acquitted Subhan after holding the view that driving the vehicle at a ‘high speed’ did not necessarily mean that the accused had driven the vehicle in a rash and negligent manner to invite sections 279 and 304A of the IPC under which a person can be convicted for a maximum period of two years.

I have a problem with this sentence. Can "driving the vehicle at 'high speed'" in the above quote be interpreted to mean "driving the vehicle at a speed in excess of the legal speed limit"? It seems almost common sense, considering that the speed limits are absurdly low just about anywhere in India. Which raises the following questions:

What was the legal speed limit on Mathura Road, on which this accident happened, and in the court's opinion, did the police prove that this speed limit had been exceeded by the tempo driver? If the answer to the latter question is "yes", then is exceeding the speed limit equivalent to rash and negligent driving?

If the court had specifically asserted that the police did not produce proof that the vehicle was driven at a speed above the legal speed limit, then there is no issue.

[tsk1979]

What the court meant that the police just cant say that "the vehicle was being driven in a rash and negligent manner".
They have to produce proof. For example if the tempo drive was on wrong side of the road they have to produce photographic proof or some other proof.
For quite some time in all accident cases police blames the one who does not die and charges that person with "rash and negligent driving". that was what the HC was referring to.

[Boom Shiva]

Thank God some sense is finally prevailing. I only hope this leads to some massive overhauling of our laws.

[typeOnegative]

Just wait till there is a stay order on the HC.

P.S. Just being sarcastic. I am bit too skeptical. While this is a case to be applauded, I doubt if it will change anything.

[Surprise]

Originally Posted by tsk1979

They have to produce proof. For example if the tempo drive was on wrong side of the road they have to produce photographic proof or some other proof.

How thats possible? Police would have arrived the scene on information from public. Analyse the place of accident, damages to the bike and van, talk to few at the accident scene (nearby shops) & then take a decision based on that.

[jsmonu]

I might be getting into a different trajectory but tell me this...

I'm driving.. usually fast on the Gurgaon NH8 in my Indica Turbo (say at a 100 or li'l over), and some bu**head goes about rashly overtaking me almost hitting my car... I get furious, just follow him up and in the process, knowing that he's going to get somethin from me, the bugger again almost hits 3 more cars, driving like a drunken mad donkey...

Now, what I mean to ask is.. No copy saw that, no traffic guy stopped him.. I snapped a pic of the bugger, and even stopped him at the toll and gave some good reprimand.. couldn't really bash him up, cos he hadn't banged into anyone though.. but can I do anything further.. he kept his nose high, and went off in front of me skidding again..

What CAN U DO then..?? Is there anyone you can report this to ?

Cheers!
J.

[akshay4587]

Originally Posted by jsmonu

I might be getting into a different trajectory but tell me this...

I'm driving.. usually fast on the Gurgaon NH8 in my Indica Turbo (say at a 100 or li'l over), and some bu**head goes about rashly overtaking me almost hitting my car... I get furious, just follow him up and in the process, knowing that he's going to get somethin from me, the bugger again almost hits 3 more cars, driving like a drunken mad donkey...

Now, what I mean to ask is.. No copy saw that, no traffic guy stopped him.. I snapped a pic of the bugger, and even stopped him at the toll and gave some good reprimand.. couldn't really bash him up, cos he hadn't banged into anyone though.. but can I do anything further.. he kept his nose high, and went off in front of me skidding again..

What CAN U DO then..?? Is there anyone you can report this to ?

Cheers!
J.

I do not think there is much which you can do.
But what you did IMHO is what you shouldnt have done.

[vivekiny2k]

Originally Posted by Surprise

How thats possible? Police would have arrived the scene on information from public. Analyse the place of accident, damages to the bike and van, talk to few at the accident scene (nearby shops) & then take a decision based on that.

there is something called investigation that police needs to learn. You should see how casually they arrive at scene and dismiss all sense with their police talk. just booking somebody saying rash and negligent driving is not enough. remember, we follow "not guilty until proved", which means somebody who is actually guilty can be acquitted for lack of evidence, but an innocent should not be punished.

lack of evidence being used by corrupt officers is a different issue altogether.

@jsmonu, you should feel lucky not to be booked for taking law in your hands and endangering many lives. imagine what will happen if all 100 Cr people of india start reprimanding each other.

[kapiljolly79]

I would only like to say one thing. How many roads in India are actually meant for fast driving?? The traffic conditions of our country are so bad that it is a crime to be driving fast. A crime not necessarily by law but in humane terms. No matter how safe you might be a driver, you never know from where a nerd might just enter the road. Or a cyclist might pop in. A herdsman might get his cattle. anything in our country is possible.

So if you need to be fast, be secure. Get onto a road that you know is very safe. A very fast expressway or something. Not some regular highway or road of our country.

So yes, technically driving fast could be termed rash depending on the road the driver has driven fast in.

[jsmonu]

Originally Posted by vivekiny2k

@jsmonu, you should feel lucky not to be booked for taking law in your hands and endangering many lives. imagine what will happen if all 100 Cr people of india start reprimanding each other.

Well, m not sure if just stopping someone and actually reprimanding him verbally of the ill behaviour one has demonstrated would actually mean taking the law in my own hands, but I know this.. till the time i'm being a sane driver (even when I get the feeling to rush through the highest of speeds on roads), I dam sure would expect every one else to do the same.. and yes, in the process, if I'd have to stop some one to make him realize this.. I would do it again.. and again ever if need be.

Thanks but no thanks.. I guess there's nothing much that "anybody" can do.. depending on our so called "LAW" is something that I've lost faith in quite some time back..

Thanks all again for your time and opinions.

Flying low..
J.