TaxTMI 
TaxTMI 
2019 (11) TMI 349
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....before the Police, or in court, and that no further proceeding shall be taken against the accused after he has pleaded guilty. On this premise, it was held "that the provisions of Cr.P.C must succumb to the statutory provisions to the M.V.Act, and any nvestigation, inquiry or trial contrary to the same, would be illegal and unsustainable in law". [Para 14 of the impugned judgment]. ii. The IPC and Code of Criminal Procedure, 1973 ("Cr.P.C") are placed in Entry No. 1 and 2 of the Concurrent List of the Seventh Schedule to the Constitution of India. The M.V. Act,1988 falls under Entry No. 35 of the Concurrent List. Hence, the status of the M.V. Act is at par with the IPC and Cr.P.C, and it cannot be presumed that M.V. Act is either a subordinate legislation, or inferior to the IPC and Cr.P.C in status. [Para 21 of the impugned judgment] iii. Section 5 of the IPC removes any kind of ambiguity about the conviction and punishment of offenders under a special enactment, which covers the field. Section 208 of the M.V. Act has laid down a special procedure for disposal of road traffic offences. Hence, recourse to the IPC would offend Section 5 of the IPC. Section....
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....he rising rate of violent road accidents. The prosecution of offenders under the provisions of the IPC is violative of settled principles of law and contrary to the legislative intent of the M.V. Act. [Para 37 and 37.1 of the impugned judgment] x. The High Court directed the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh, and to issue appropriate directions to all subordinate officers to ordinarily register cases against offenders of motor vehicle accidents only under the provisions of the M.V. Act subject to the exception under S. 304 IPC. 3. The present Special Leave Petitions have been filed by the States of Tripura and Arunachal Pradesh before this Court, wherein vide Orders dated 12.05.2009 and 31.07.2009, the operation of the impugned judgment was stayed. This Court vide Order dated 26.04.2010 granted special leave to appeal, and directed that the stay of the impugned judgment would continue to operate during the pendency of the appeals. 4. Despite service of notice, none appeared for the Respondents. Since there is no contest to the adjudication on the merits of the case, we are not touching upon that part of ....
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....d, etc. - (1) Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees. (2) Whoever causes any person who is employed by him or is subject to hiscontrol in driving to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this subsection, with fine which may extend to five hundred rupees. (3) No person shall be convicted of an offence punishable under subsection (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device. (4) The publication of a time table under whic....
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....) 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. 208. Summary disposal of cases - (1) The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) under this Act,-- (i) may, if the offence is an offence punishable with imprisonment under this Act; and (ii) shall, in any other case, state upon the summons to be served on theaccused person that he-- (a) may appear by pleader or in person; or (b) may, by a specified date prior to the hearing of the charge, plead guilty tothe charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indic....
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....ovides for the offence of driving a vehicle at excessive speed in contravention of the speed limits referred in Section 112 of the M.V. Act; while Section 184 M.V. Act deals with the offence of driving dangerously. In order to constitute an offence under Section 184, the following ingredients are required to be proved: (a) the accused should be driving a motor vehicle; (b) the vehicle should be driven at a speed or in a manner which is dangerous to the public having regard to all the circumstances of a case, including the nature, condition and use of the place where the vehicle is driven and the volume of traffic at the time of the accident or which might reasonably be expected to be in the place. Section 183 and 184 must be read with Section 209 of M.V. Act, which provides that a warning, notice or summons, is mandatorily required to be given for an offence punishable under Section 183 or 184. 5.5 Section 185 of the M.V. Act pertains to the offences of driving after consuming alcohol, or driving under the influence of drugs. Any person who while driving or attempting to drive, (a) has alcohol exceeding 30 mg. per 100 ml. present in his blood, detected by a breath analyser; o....
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.... 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. 304 . Punishment for culpable homicide not amounting to murder . Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 304A. 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. 337. Causing h....
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....) The three ingredients of Section 304­A, which are required to be proved are: (1) the death of a human being; (2) the accused caused the death; and (3) the death was caused by the doing of a rash or negligent act, though it did not amount to culpable homicide of either description. (Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648 : (2012) 1 SCC (Civ) 848 : (2012) 1 SCC (Cri) 953) The requirement of culpable rashness under S.304A IPC is more drastic than negligence sufficient under the law of tort to create liability (N.K.V Bros (P) Ltd. v. M. Karumai Ammal & Ors. (1980) 3 SCC 457). Criminal or culpable rashness means hazarding a dangerous or wanton act with the knowledge that it is dangerous or wanton, and the further knowledge that it may cause injury, but done without any intention to cause injury or knowledge that the act would probably cause (Rathnashalvan v. State of Karnataka, (2007) 3 SCC 474 : (2007) 2 SCC (Cri) 84). 5.13 When a person drives a vehicle so recklessly, rashly or negligently that it causes the death of a person, and of which he had knowledge as a reasonable man, that such act was dangerous enough to cause death, he may be attribu....
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....punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence." It is well settled that an act or an omission can constitute an offence under the IPC and at the same time, be an offence under any other law. The finding of the High Court that the prosecution of offenders under two statutes i.e. the M.V. Act and the IPC, is unsustainable and contrary to law, is therefore, set aside. A similar issue arose in the case of T.S. Baliah v. T.S. Rangachari (1969) 3 SCR 65 : AIR 1969 SC 701 : (1969) 72 ITR 787), wherein the appellant was prosecuted both under Section 177 of the IPC, and Section 52 of the Income Tax Act, 1922. This Court held as follows: "6. We proceed to consider the next question arising in this case viz. whether the appellant can be prosecuted both under Section 177 of the Indian Penal Code and Section 52 of the 1922 Act [Income Tax Act, 1922] at the same time. It was argued on behalf of the appellant that in view of the provisions of Section 26 of the General clauses Act (Act 10 of 1897) the appellant can be prosecuted either under Section 52 of the 1922 Act or under Section 177 of the Indian Penal Code ....
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....ns as to offences punishable under two or more enactments -Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence." 9. In Hat Singh's case this Court discussed the doctrine of double jeopardy and Section 26 of the General Clauses Act to observe that prosecution under two different Acts is permissible if the ingredients of the provisions are satisfied on the same facts. While considering a dispute about the prosecution of the Respondent therein for offences under the Mines and Minerals (Development and Regulation) Act 1957 and Indian Penal Code, this Court in State (NCT of Delhi) v. Sanjay held that there is no bar in prosecuting persons under the Penal Code where the offences committed by persons are penal and cognizable offences. A perusal of the provisions of the FSS Act would make it clear that there is no bar for prosecution under the IPC merely because the provisions in the FSS Act prescribe penalties. We, therefore, set aside the finding of the High Court on the firs....
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....up to only six months; whereas the maximum imprisonment for a first time offence under the IPC in relation to road traffic offences can go upto 10 years under Section 304 Part II of the IPC. The sentence imposed by the courts should be commensurate with the seriousness of the offence, and should have a deterring effect on wrong­doers (State of Karnataka v. Sharanappa Basanagouda Aregoudar (2002) 3 SCC 738). The punishment of offenders of motor vehicle accidents under the IPC is stricter and proportionate to the offence committed, as compared with the M.V. Act. 13. We thus hold that a prosecution, if otherwise maintainable, would lie both under the IPC and the MV Act, since both the statutes operate with full vigour, in their own independent spheres. Even assuming that some of the provisions of the MV Act and IPC are overlapping, it cannot be said that the offences under both the statutes are incompatible. 14. The High Court has given a contradictory finding by holding on the one hand that the provisions of the Cr.P.C must succumb to the provisions of the M.V. Act, as executive authorities cannot take away a beneficial provision under a special law enacted by Parliament (p....
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....he High Court too had confirmed the said sentence when an accused was convicted of the offence of driving a bus callously and causing the death of a human being. In that case this Court enhanced the sentence to rigorous imprisonment for six months besides imposing a fine. 13. Bearing in mind the galloping trend in road accidents in India and the devastating consequences visiting the victims and their families, criminal courts cannot treat the nature of the offence under Section 304-A IPC as attracting the benevolent provisions of Section 4 of the PO Act. While considering the quantum of sentence to be imposed for the offence of causing death by rash or negligent driving of automobiles, one of the prime considerations should be deterrence. A professional driver pedals the accelerator of the automobile almost throughout his working hours. He must constantly inform himself that he cannot afford to have a single moment of laxity or inattentiveness when his leg is on the pedal of a vehicle in locomotion. He cannot and should not take a chance thinking that a rash driving need not necessarily cause any accident; or even if any accident occurs it need not necessarily result in th....