CrPC Section 279

CrPC Section 279 addresses the offence of rash driving or riding on a public way. It penalizes individuals who drive vehicles in a manner that is rash or negligent and endangers human life, personal safety, or causes hurt. Understanding this section is vital for drivers and legal practitioners to ensure road safety and legal compliance.

This section plays a crucial role in deterring dangerous driving behaviors that can lead to accidents and injuries. It empowers law enforcement to take action against reckless drivers, thereby protecting the public and promoting responsible vehicle operation.

CrPC Section 279 – Exact Provision

This provision criminalizes rash or negligent driving that endangers others on public roads. It sets out the punishment framework, including imprisonment and fines, emphasizing the seriousness of such conduct. The section aims to prevent harm by penalizing dangerous driving practices.

• Defines rash or negligent driving on public ways.

• Focuses on endangering human life or causing injury.

• Prescribes imprisonment up to six months or fine up to one thousand rupees, or both.

• Applies to drivers and riders of vehicles.

Explanation of CrPC Section 279

This section makes it illegal to drive or ride recklessly on public roads, putting others at risk. It ensures accountability for those whose careless actions could cause accidents or injuries.

• The section prohibits rash or negligent driving endangering others.

• Affects all vehicle drivers and riders on public ways.

• Triggered when driving behavior is dangerous or likely to cause harm.

• Allows punishment through imprisonment, fine, or both.

• Does not permit reckless driving under any circumstances.

Purpose and Rationale of CrPC Section 279

The section exists to promote road safety by deterring dangerous driving. It balances individual freedom to drive with the need to protect public life and prevent accidents caused by negligence or rashness.

• Protects the rights and safety of road users.

• Ensures proper legal procedure against rash driving.

• Balances police powers with citizen rights.

• Aims to prevent misuse by clearly defining offences.

When CrPC Section 279 Applies

This section applies when a person drives or rides a vehicle on a public road in a rash or negligent manner that endangers others. It is enforceable by police and courts within their jurisdiction.

• Driving or riding must be on a public way.

• Behavior must be rash or negligent.

• Must endanger human life or cause likely injury.

• Police have authority to investigate and arrest.

• Magistrate courts have jurisdiction for trial.

• No specific time limit but prompt action is encouraged.

Cognizance under CrPC Section 279

Cognizance is taken when a police report or complaint is filed alleging rash driving. The Magistrate examines the evidence and may summon the accused for trial. Police investigation is essential before cognizance.

• Police file charge sheet after investigation.

• Magistrate takes cognizance upon receiving complaint/report.

• Summoning of accused for trial follows cognizance.

Bailability under CrPC Section 279

Offences under Section 279 are bailable. The accused has the right to bail, and courts generally grant it unless there are exceptional circumstances. Bail conditions may include surety or bond.

• Offence is bailable by nature.

• Bail granted on furnishing personal bond or surety.

• Courts consider flight risk and public safety before granting bail.

Triable By (Court Jurisdiction for CrPC Section 279)

Cases under Section 279 are triable by the Magistrate courts. These courts handle the trial, evidence examination, and sentencing within their territorial jurisdiction.

• Trial conducted by Magistrate of competent jurisdiction.

• Sessions courts not involved unless offence compounded or related to other serious charges.

• Summary trial possible for minor cases.

Appeal and Revision Path under CrPC Section 279

Appeals against convictions or sentences under this section lie with the Sessions Court. Revision petitions can be filed with the High Court under specific grounds. Timely filing is essential to preserve rights.

• Appeal to Sessions Court against Magistrate order.

• Revision petition to High Court possible.

• Typical appeal period is 30 days from judgment.

Example of CrPC Section 279 in Practical Use

Person X was driving a motorcycle at high speed through a crowded market street. Due to rash riding, X lost control and narrowly missed pedestrians, causing panic. The police registered a case under Section 279. X was arrested, charged, and later fined by the Magistrate for rash driving, highlighting the section’s role in preventing accidents.

• Section 279 helped penalize dangerous driving.

• Key takeaway: Rash driving endangers public safety and is punishable.

Historical Relevance of CrPC Section 279

This section has been part of Indian law since early codifications to address growing motor vehicle use. Amendments have updated penalties to reflect modern road safety needs and vehicle technology.

• Originally introduced to curb dangerous driving.

• Penalty limits revised to keep pace with inflation.

• Incorporated into Motor Vehicles Act enforcement framework.

Modern Relevance of CrPC Section 279

In 2026, with increased traffic and vehicle diversity, Section 279 remains crucial for road safety. It supports police and courts in managing reckless driving and reducing accidents, complementing other traffic laws.

• Addresses challenges of urban traffic congestion.

• Supports digital evidence like CCTV and dashcams in prosecutions.

• Works alongside stricter motor vehicle regulations.

Related Sections to CrPC Section 279

• Section 337 – Causing hurt by act endangering life or personal safety

• Section 304A – Causing death by negligence

• Section 338 – Causing grievous hurt by act endangering life

• Section 185 of Motor Vehicles Act – Driving dangerously

• Section 188 – Disobedience to order duly promulgated by public servant

Case References under CrPC Section 279

1. State of Rajasthan v. Kashi Ram (2006, AIR SC 1448)

   – Rash driving causing death attracts criminal liability under Section 279 and 304A.

2. Ratanlal v. State of Maharashtra (2018, Bom HC)

   – Evidence of rash driving must be clear and convincing for conviction.

3. Rajesh v. State of Haryana (2015, P&H HC)

   – Mere speeding without endangering life does not attract Section 279.

Key Facts Summary for CrPC Section 279

• Section:

  279

• Title:

  Rash Driving Offence

• Nature:

  Procedural and penal

• Applies To:

  Drivers and riders of vehicles

• Cognizance:

  Taken by Magistrate on police report

• Bailability:

  Bailable offence

• Triable By:

  Magistrate courts

Conclusion on CrPC Section 279

Section 279 is a vital legal provision that penalizes rash or negligent driving on public roads. It serves as a deterrent against dangerous behavior that risks human life and safety. By defining clear punishments, it helps maintain order and responsibility among vehicle users.

For citizens, understanding this section is important to avoid legal consequences and promote safer roads. For law enforcement and courts, it provides a framework to address and reduce reckless driving, contributing to overall public safety and legal fairness.

FAQs on CrPC Section 279

What constitutes rash driving under Section 279?

Rash driving means operating a vehicle in a manner that shows a disregard for safety and endangers others. It includes excessive speed, sudden maneuvers, or ignoring traffic rules that could cause harm.

Is Section 279 applicable only to motor vehicles?

Yes, it applies to anyone driving or riding any vehicle on a public way, including motor vehicles, bicycles, or other conveyances, if the driving is rash or negligent.

Can a person be arrested without warrant under Section 279?

Yes, police can arrest without a warrant if they have reasonable grounds to believe a person has committed rash driving, especially if it endangers life or causes injury.

What penalties does Section 279 prescribe?

The section prescribes imprisonment up to six months, a fine up to one thousand rupees, or both, depending on the severity of the rash driving.

Is bail available for offences under Section 279?

Yes, offences under Section 279 are bailable. The accused can apply for bail, which is generally granted unless there are special reasons to deny it.