1)you were not driving the car
2) if car was driven by your friend rashly and negligently then case of rash driving can be filed against him under section 279 of IPC
Rash driving
What are consequences of rash driving case My friend was driving the car and we 4 friends were leaning outside the car . So all 4 and driver can be booked for rash driving? Do we have to hire a lawyer
Asked 8 years ago in Civil Law
17 Answers
Do this act falls in to rash driving definition My friend driving car and we four friends standing on the foot board, of the SUV, holding the roof rail.
Asked 8 years ago
Section 279. Rash driving or riding on a public way:
"Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be 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."
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both
The offence is Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
2)337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Under section 337 driving rashly and endangering life and safety is punishable
3) 4 friends can be booked by police as while friend was driving 4 friends were standing on foot booard of SUV
Against whom has the FIR been lodged? The offence of rash driving is attributable to only the driver, not the others who are seated in the car. However, if your name has been added as an accused in the FIR then you too need to obtain bail and defend yourself in the court by engaging a lawyer,
Only driver will be booked for rash and careless driving.
It is advisable that you engage a local Lawyer to pursue this matter.
Mostly, these kinds of cases are closed upon payment of some penalty in case there was no casualty.
My friend driving car and we four friends standing on the foot board, of the SUV, holding the roof rail:
Yes, this amounts to rash and negligent driving.
What are the sections in the FIR?
This is called rash and negligent driving and are dealt in sections 183, 184, 189 & 190 of Motor Vehicle Act and section 279 of Indian Penal Code which is punishable for 6 months and fine.
If there is no major accident then these are bailable offences.
You need to hire an advocate who can help you.
Rash driving means that you are doing an act which you believe thatyou can avoide the thing if something wrong going to happen.
For example driving a car on the street in fact on the busy Street with the speed exceeding more than 40 50 km/h is the rash driving but driving on National Highway on the speed of more than hundred is not a rash driving because the highway meant for that .
No in your case if you are driving a vehicle in an empty road and you all four are enjoying the drive then nothing bad in it but by doing such that you have caused harm to anyone then you may booked for rash driving under section 304 A Indian penal code
Yes you will have to hire a lawyer.
Only the driver will be charged for rash and negligent driving
If no harm has been caused to anyone then you can be just charged for breaching the public peace and rash driving.
Hire a lawyer only when some authority summons you
Regards
1. He who drove rash will only be booked for rash driving
2. There is no section enacted yet for booking persons for leaning out of the car.
3. You shall have to hire a lawyer and plead guilty if there is no accident caused for such rash driving.
4. Fine up to Rs.1K will be charged against the driver and he will be released thereafter.
5. Before that he shall have to avail anticipatory bail first since he can plead guilty while framing charges only which will take 3/4 hearings by the Court and till then the driver should be free on bail.
Driving rash causing accident or which might cause accident is an offence to be tried before the Court and is punishable with fine or jail term also (in extreme cases).
The person driving the car can be booked under section 279 of IPC and other sections of the IPC for rash and negligent driving and endangering human life.
Other occupants can also be booked for offence for creating the nuisance and endangering human lives under the IPC
Section 279 in The Indian Penal Code
279. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be 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.
The driver alone would be charged for this offence
You can engage the services of a lawyer.
Do this act falls in to rash driving definition
My friend driving car and we four friends standing on the foot board, of the SUV, holding the roof rail.
Is there is a case booked by police for rash and negligent driving?
Or whether you are making an enquiry even without police registering any FIR on this?
It depends on whether the police found the erratic and rash driving of the driver while indulging in such activities.
The driver is booked for rash driving. You will be booked u/s 279 & 337 IPC. If drunk then 185 MV Act is also charged.
rash driving should be charged to the rash driver and not to other people. just file a quash petition.
