Accident By Rash Driving 26 Years Ago: Supreme Court Sentences Bus Driver To Rs.2000 Fine

The Supreme Court sentenced a bus driver accused of causing accident by rash driving 26 years ago to a fine of Rs. 2000.

Surendran, while driving bus caused an accident on 16.02.1995 in which a car driver was injured. He was charged with offence under Sections 279, 337 and 338 IPC.

The Judicial First Class Magistrate convicted him under Section 279 IPC and 338 IPC and sentence him to undergo six months imprisonment and fine of Rs.500/- was imposed, in default to undergo simple imprisonment for one month under Section 337 IPC. Sessions Court and later the High Court, upheld this judgment.  

In appeal, Surendran submitted that he is sole bread earning member of a poor family consisting of four children and his wife, and if sent to jail after more than 21 years, will suffer irreparable injury. He was throughout on the bail.

"The conviction of appellant is affirmed, however, looking to the facts and circumstances of the present case specially the fact that 26 years have elapsed from the incident, we are inclined to substitute the sentence of six months imprisonment under Section 279 and 338 into fine. Six months sentence under Section 279 and 338 IPC are substituted by fine of Rs.1000/- each whereas sentence of fine under Section 337 IPC is maintained.", the bench comprising Justices Ashok Bhushan, Vineet Saran and MR Shah observed while partly allowing the appeal.

Know the Law

Section 279 criminalizes rash driving or riding on a public way. It provides that "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."

Section 337 deals with 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.

Section 338 reads as follows: Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous 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 two years, or with fine which may extend to one thousand rupees, or with both.

Case: Surendran vs. Sub Inspector of Police [CrA 536 OF 2021]
Coram: Justices Ashok Bhushan, Vineet Saran and MR Shah
Citation: LL 2021 SC 279

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