BACK TO SECTIONS(2012) 2 SCC 648
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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...
Simplified
Section 279 is India's primary criminal traffic offence provision — the foundational charge in virtually every road accident prosecution. Unlike Section 304A (which requires actual death), Section 279 needs only RASH OR NEGLIGENT DRIVING that endangers human life or is likely to cause hurt — no accident needs to occur. The 'rash versus negligent' distinction: rash driving is conscious disregard of a known risk (deliberately jumping a red light at speed); negligent driving is failure to exercise the care a reasonable driver would (not checking mirrors before turning). The provision applies to 'any vehicle' on 'any public way' — cars, motorcycles, trucks, autos, bicycles, and even animal-drawn carts. In fatal accident cases, Section 279 is routinely combined with Section 304A (negligent death) and Section 338 (grievous hurt by negligent act). The Salman Khan hit-and-run case (2002) is the most famous Section 279 prosecution in Indian history.
Legal Evolution
India's catastrophic road safety record (150,000+ annual road deaths) makes Section 279 among the most practically invoked IPC provisions. The new hit-and-run provision in BNS 106(2) directly addresses the epidemic of drivers fleeing fatal accident scenes.
Landmark Precedents
Alister Anthony Pareira v. State of Maharashtra (2012)
RELEVANCE
Drunk driving causing multiple deaths — Supreme Court held extreme intoxication while driving can elevate the offence from Section 304A to culpable homicide.
Practical Scenarios
"Driving at 140 km/h in a residential area."
"Riding a motorcycle on a footpath to bypass traffic."
"Overtaking on a blind curve and causing a near-collision."
"Running a red light at speed and almost hitting a pedestrian."
Common Queries
No — it applies to 'any vehicle' on 'any public way', including motorcycles, autos, trucks, bicycles, and animal-drawn carts. The key is rash or negligent operation on a public road.
Yes — both can apply simultaneously. IPC 279 is the criminal negligence charge; the MVA handles licensing violations and traffic fines. Being fined under MVA does not bar criminal prosecution under IPC 279.