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Rash or negligent driving on a public way endangering human life or likely to cause injuries to persons has been made an offence under this section. The section states that whoever drives any vehicle, or rides, on any public way in such a manner that it is so rash or negligent as to either endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both.
Driving any vehicle on a public way, or riding on a public way, must be established. The driving or riding must be rash or negligent. Either human life must be endangered by it, or it must be likely to cause hurt or injury to another. In addition to this section there are certain other sections in the Indian Penal Code dealing with liability based on rashness or negligence.
The principle of contributory negligence is a principle of civil law and it does not apply in criminal cases. Leaking out of brake-oil of a vehicle because of a mechanical snag developing during the journey itself cannot be held to be negligence within the meaning of section 279 of the Code.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.
