Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 – Penal Code Motor Vehicles Act 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – Penal Code, 1860 – Conflict between – The High Court held that road traffic offences shall be dealt with only under the provisions of the Motor Vehicles Act, 1988 and the prosecution of cases of road traffic or motor vehicle offences under the provisions of the Penal Code is without sanction of law – Propriety of – Held: Not proper – The position of law is well-settled – The Supreme Court has consistently held that the M.V. Act, 1988 is a complete code in itself in so far as motor vehicles are concerned – However, there is no bar under the M.V. Act or otherwise, to try and prosecute offences under the IPC for an offence relating to motor vehicle accidents – The offences prescribed under the IPC are independent of the offences prescribed under the M.V. Act – The legislative intent of the M.V. Act, and in particular Chapter XIII of the M.V. Act, was not to override or supersede the provisions of the IPC in so far as convictions of offenders in motor vehicle accidents are concerned – There is no provision under the M.V. Act which separately deals with offences causing death, or grievous hurt, or hurt by a motor vehicle in cases of motor vehicle accidents – Offences under Chapter XIII of the M.V. Act, cannot abrogate the applicability of the provisions u/s. 297, 304, 304A, 337 and 338 of the IPC – There is no conflict between the provisions of the IPC and the M.V. Act – Both statutes operate in entirely different spheres – General Clauses Act, 1897 – s. 26. Doctrines/Principles – The principle of proportionality between the crime and punishment – In relation to road traffic offences – discussed. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2019 INSC 1126 |
Petitioner | The State Of Arunachal Pradesh |
Respondent | Ramchandra Rabidas @ Ratan Rabidas & Anr. |
SCR | [2019] 15 S.C.R. 771 |
Judgement Date | 2019-10-04 |
Case Number | 905 |
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