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(2024) Law Today Live Doc. Id. 19752
Reserved on: 16.12.2024 Pronounced on: 19.12.2024
A. Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 100, 105, 106 – Stunts on road – Culpable homicide – Death by rash and negligent driving -- When someone does stunts on a public road, endangering public safety, and when the motor sport is not being conducted with the knowledge of the traffic control authorities and ample time has been given to them to take preventive steps, the acts of public stunt, it leads to death would fall in the definition of culpable homicide and if death is not caused then an attempt to cause culpable homicide and such acts would not fall only under section 106 BNS [Analogous to 304-A IPC, 1860] because of the requisite knowledge that such an act is likely to result into death or cause death -- Such an act would not fall under rash and negligent driving, but primafacie amounts to culpable homicide.
(Para 37)
B. Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 100, 105 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 – Anticipatory bail -- Death by stunt on road – Accident by modified tractor by fitting an extra turbo pump to increase the acceleration -- Video points towards its high speed on a public road -- If a soft stand is taken towards such stunts, the roads, which are already unsafe, will become more unsafe for pedestrians and two-wheelers, which account for the maximum number of casualties for pedestrians and two-wheelers in road accidents in this region – Anticipatory bail declined.
(Para 3, 12, 13)