SECTION 281 BNS - Bharatiya Nyaya Sanhita 2023

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.

Example:
Vijay and Rakesh start racing each other on a public road, and indulge in over-speeding and breaking traffic signals, thus endangering pedestrians. Both Vijay and Rakesh are guilty of the offence under this section.

Key Points in BNS-281
 

1. Offense Description:
    

   • This section addresses the act of driving or riding a vehicle on a public way in a rash or negligent manner that endangers human life or is likely to cause hurt or injury to others.
      

2. Rash or Negligent Driving:
    

   • Rash Driving: Operating a vehicle with disregard for the safety of others, often characterized by aggressive or risky behavior.
      

   • Negligent Driving: Failing to exercise the standard care expected from a reasonable driver, which could include distractions or carelessness that leads to unsafe driving conditions.
      

3. Punishment:
    

   • The punishment for driving or riding in a manner that endangers others is:
      

     • Imprisonment: Up to six months.
        

     • Fine: Up to one thousand rupees.
        

     • Both: Imprisonment and fine may be imposed together.
        

4. Public Way:
    

   • This term refers to any road or path accessible to the public, including streets, highways, and other areas designated for vehicular or pedestrian use.
      

5. Endangerment:
    

   • The term implies that the manner of driving or riding creates a risk of harm to oneself or others. It encompasses both the potential and actual harm that could result from such behavior.
      

Important Aspects:
 

• Objective of the Law: The primary aim is to ensure road safety by penalizing individuals who drive or ride recklessly or carelessly, thereby reducing the risk of accidents and injuries.
   

• Scope of Application: The provision applies to all forms of vehicular operation on public roads, including cars, motorcycles, bicycles, and other vehicles.
   

• Severity of the Offense: The section recognizes the potential severity of rash or negligent driving, but the penalties are relatively modest compared to more severe traffic offenses, reflecting its role in preventing dangerous driving rather than addressing serious harm already caused.
   

• Preventive Measure: By establishing penalties for dangerous driving behavior, the law aims to deter individuals from engaging in actions that could lead to traffic accidents and personal injury.

Summary:

BNS-281 penalizes individuals who drive or ride a vehicle in a manner that is either rash or negligent, and which endangers human life or is likely to cause harm to others. The penalty for such behavior can be imprisonment of up to six months, a fine of up to one thousand rupees, or both. This provision is intended to promote road safety by addressing dangerous driving practices.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.