- (1.) The matter before us is of a great public importance and clearly reflects the anxiety and concern that we feel towards the travelling public. The number of vehicles on the road, the speed to which they can now be driven, the lack of elementary skills, knowledge and etiquette of decent driving have led to an enormous increase in the number of accidents and a journey by road with mangled vehicles and bodies strewn around is a common experience. The statistics picked up by us from The Tribune dated 19, 20 and 21.8.2001 are truly disturbing. It has been reported that there has been a 500 per cent increase in deaths in accidents in Punjab between 1980 to 2000 and that against 472 deaths in 1980, 2800 persons had lost their lives, in 1999- 2000. It has also been reported that the number of murders in Punjab in 1980 was 620 and while the murders had mercifully remained around 800 as of today, the number of deaths in road accidents had gone up alarmingly. It was further reported that the worst offenders were trucks, followed by cars, buses and two-wheelers. Little wonder, therefore, that a safe return from a journey is often an occasion for thanks giving. It is in this background that the fate of the road traveller has become a matter of focus and concern and the traditional interpretation of the law governing motor accidents must be re- interpreted to meet the changed scenario and the crying need of the hour till the legislature acts decisively and makes fundamental changes in the law governing the concept of rashness and negligence as visualised under Section 304-A of the Indian Penal Code. While we were yet pondering over this matter, we came across a News item in 'The Tribune' dated 9.8.2000 captioned "Tipsy Crew put passengers in driving seat", in which it was reported that five Conductors and Drivers of the Haryana Roadways had taken a bus out of the depot for a joyride and after collecting free liquor and food from a Dhaba which they often patronised while on duty and while driving and partying in the bus had a collision with a car killing five members of a family. It was also reported that from enquiries made, it had been revealed that Haryana Roadways buses had been involved in about 300 accidents in three months and most of then had, on investigation, been attributed to drunken driving. Alarmed by this and much other information available almost daily from the newspapers, we issued notice to the Advocates General for the States of Punjab and Haryana and also the standing counsel for the U.T. Administration to assist us on the question as to whether in such or similar cases a charge under Section 304-A of the Indian Penal Code was in order or the nature of the act required a more stringent applicability of the law. We also requested several counsel to assist us and are indeed grateful to Mr. R.S. Cheema, Senior Advocate, who has helped us in arriving at our conclusions.
(2.) We have considered the matter very carefully and are of the opinion that in cases of extreme recklessness or negligence, a driver cannot be said to be guilty of merely committing a rash or negligent act to be booked under Section 304-A of the Indian Penal Code as in certain cases the act may amount to culpable homicide not amounting to murder and in the most extra-ordinary of cases, may even amount to murder. We record, in short, the reasons for our opinion.
(3.) Section 304-A of the Indian Penal Code reads as under :- "Causing death by negligence :- Whoever causes the death of any person by doing any rash and negligent act not amounting to culpable homicise, shall be punished with imprisonment of either discription for a term which may extend to two years, or with fine, or with both".;