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-   -   Kerala HC: Case cannot be registered for speaking on cellphone while driving (https://www.team-bhp.com/forum/street-experiences/198521-kerala-hc-case-cannot-registered-speaking-cellphone-while-driving.html)

darklord 16th May 2018 14:54

Kerala HC: Case cannot be registered for speaking on cellphone while driving
 
Quote:

Kochi: A Division Bench of the Kerala High Court has ruled that the police cannot register a case if a person speaks on the mobile phone while driving.

The court said that the police cannot register the case as there are no provisions in the law which bans the use of mobile phone while driving.
Read more at: http://english.mathrubhumi.com/news/...g-hc-1.2814749

tstlnt 2nd June 2018 10:55

Re: Kerala HC: Case cannot be registered for speaking on cellphone while driving
 
Quote:

Originally Posted by darklord (Post 4401200)

It's an eye opener and thanks to darklord for sharing this.

Ideally, mathrubhumi's caption should have been “ Case cannot be registered under section 118 (e) of the Kerala Police Act for speaking on mobile phone while driving”

Let's us have a look at Section 184 of Motor Vehicle Act, 1988. It says that

"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."

So, it has to be established that speaking on mobile phone while driving is dangerous to the public, at that point of time, to impose penalty, as of now.

However, Motor Vehicles (Amendment) Bill, 2017 has a respite to this issue.

It has an amendment to Section 184, thus redefined the scope of the definition of “dangerous driving” to include the acts that are considered driving in manner dangerous to the public such as jumping a red light, violating a stop sign, use of hand-held communication devices while driving, driving against the flow of traffic, and passing or overtaking any motor-vehicle in a manner contrary to law.

Once this amendment comes into force, traffic police can authoritatively detain those defaulters.

Though I am not a legal expert, but, have interest to know about MV act, as my job demands for it.


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