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Rash driving


The effect of driving or riding must be either that the human life was in fact endangered or that hurt or injury was likely to be caused. The two main essential requirements are:

Driving of a vehicle or riding it on a public way,
Such driving or riding must be so rash or negligent as to endanger the human life, or likely to cause hurt or injury to any other person.
There can be no civil action for negligence if the negligent act or omission has not been attended by an injury to any person; but bare negligence involving the risk of injury is punishable criminally, though nobody is actually hurt by it.

Whoever by rash or negligent driving, endangers human life or causes hurt or injury to other person shall be punished with imprisonment which may extend to six month, or with fine which may extend to one thousand rupees, or both.

1) Alcohol and other drugs
Safe driving requires clear judgement, concentration, and being able to react to what happens on the road.  Alcohol and other drugs affect all of these.

Alcohol is a drug that affects your skills, moods and behaviour.  Once it has been consumed the effects of alcohol on driving cannot be reversed.  The only thing that will sober you up is time.

Other drugs also impair your driving.

Mixing one drug with another or mixing alcohol with other drugs dramatically increases your risk or crashing.

2) Mobile phones and driving

The safest way to use a mobile phone while driving is to pull over and park in a safe place.

It is illegal to drive or ride a vehicle while using a hand-held mobile phone. The penalty is a significant fine and three demerit points.

This means that talking, sending or receiving text messages, playing games or taking photos are illegal when using a hand-held phone. It is also illegal to perform these activities when your vehicle is stopped but not parked, for example when you are waiting at traffic lights. 

A hands-free device can reduce the physical effort to make and receive calls but it doesn’t necessarily make it safe to use a phone while driving. It is illegal to use a hands-free phone while driving if it causes you to lose proper control of your vehicle. The penalty is a significant fine and demerit points.


If you must talk on a hands-free phone while driving:

Make sure it is a hands-free phone that is set up and working before you start driving.
Keep the conversation short. Don’t engage in complex or emotional conversations.
Tell the person on the other end that you are driving and may have to end the call.
Never text message (SMS) while driving.
End the call if it is distracting you from driving.

Remember, if you don’t have proper control of your vehicle because you are talking on a hands-free mobile phone you are guilty of an offence.