Consequences Of Rash Driving Under The BNS Act In India

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Consequences Of Rash Driving Under The BNS Act In India
Consequences Of Rash Driving Under The BNS Act In India

Consequences Of Rash Driving Under The BNS Act In India

 

Section 281 of THE BHARATIYA NYAYA SANHITA (BNS), 2023 states the consequences of rash driving or riding on a public way in India.

TAKE NOTE- As per the new Indian Criminal law, The Indian Penal Code (IPC), 1860 has been replaced by THE BHARATIYA NYAYA SANHITA, 2023 with effect from 1st July 2024.

The Indian Penal Code Section 279 defined Rash Driving or Driving on a public way in India.

In BNS section 281 defines Rash driving or driving on a public way in India.

Section 281 of THE BNS Act states-

  1. Whoever drives any vehicle, or rides, on any public way in a manner that is so rash or negligent that results in endangering human life,
  2. Or such rash driving is likely to cause hurt or injury to any other person,

shall be punished with imprisonment up to six months or with fine that may extent to one thousand rupees or with both. 

The above-mentioned is a Cognizable, Bailable, and Triable by any Magistrate offense.

Investigation Into The Offense-

  • First Information Report (FIR)- The filing of an FIR by the victim or aggrieved under section 281 of the BNS act marks the beginning of an investigation by the Police into the case.
  • Arrest- After filing of the FIR the accused is arrested by the Police and produced before the Magistrate.

Such production of the accused before the magistrate must be made within 24 hours of the arrest.

  • Remand/Custody- If during the time of investigation, the investigating officer believes that the investigation is unable to be completed within 24 hours and more time for interrogation is required by the Police, the investigation officer shall file an application before the same Magistrate seeking extension of the custody of the accused.

TAKE NOTE- Whether such detention of the accused will be authorized by the

the magistrate in Police custody- meaning a lock-up or in judicial custody- meaning in jail totally depends on the discretion of the Magistrate.

A NOTE regarding the Magistrate- The Magistrate cannot authorize the detention of an accused in police custody beyond the duration of fifteen (15) days from the date of production of the accused before the magistrate.

Judicial Custody- With regard to judicial custody the Magistrate may authorize the detention of the accused in judicial custody beyond the duration of fifteen (15) days if the Magistrate is satisfied that adequate grounds exist for doing so. However, no magistrate shall authorize judicial custody for

More than ninety (90) days where the investigation relates to an offense punishable with death, life imprisonment or imprisonment for a term not less than ten (10) years.

 

 

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