Section 281 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 281 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 Section 281 – Rash Driving or Riding on a Public Way
Offence Defined:
Every person who drives any vehicle, or rides, on a public way rashly or negligently, in a manner that endangers human life or is likely to cause hurt or injury to others, commits an offence under this section (advocatekhoj.com).
⚖️ Punishment
Imprisonment: Up to 6 months (simple or rigorous)
Fine: Up to ₹1,000
Or both.
It is categorized as cognizable, bailable, and non‑compoundable, with prosecution by default — no private settlement allowed (prsindia.org).
🧾 Key Legal Elements
Driver or Rider: Applies to any road user—motorized or non‑motorized (testbook.com).
Public Way: Road, street, or any route open to public use.
Manner of Driving: Must be rash (reckless, without due caution) or negligent (showing disregard for safe driving practices).
Harms or Risks: Dangerous conduct need not cause actual injury—it's sufficient if it endangers life or is likely to cause hurt or injury (advocatekhoj.com, testbook.com).
🏛️ Context & Practical Significance
Parallel under IPC: Replaces IPC Section 279 (rash driving) with essentially the same penal provisions (testbook.com).
Traffic Enforcement: Serves as a legal tool to deter reckless road behavior—overspeeding, signal violations, dangerous overtaking—even in absence of accidents (testbook.com).
Public Safety Impact: Encourages motorists to drive responsibly, reducing the risk of injuries and fatalities on public roads.
🔄 Summary Table
| Feature | Details |
|---|---|
| Offence | Rash/negligent driving on public way |
| Imprisonment | Up to 6 months |
| Fine | Up to ₹1,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Non‑Compoundable | Yes |
| Tried By | Any Magistrate |
🧠 Judicial Insights & Comparison
Court Interpretation: Courts require more than just high speed; proof of reckless behavior is essential—mere accident doesn't convict. E.g., courts have held that “high speed alone is not enough”—recklessness must be evident
Relationship with Other Laws: While Section 281 addresses criminal liability, traffic fines and penalties under the Motor Vehicles Act (e.g., ₹5,000 fine for first-time overspeeding) apply concurrently—both statutes can be enforced depending on the situation
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