Driving In High Speed Insufficient To Conclude Driver Acted In Rash And Negligent Manner: Delhi High Court

The Delhi High Court has recently observed that driving in “high speed” does not automatically leads to a conclusion that the driver acted in “rash and negligent” manner.

Justice Saurabh Banerjee discharged a man accused of driving his car in high speed and hitting two pedestrians who later died in the accident.

The Court said that merely because the man was driving at a “high speed”, it cannot lead to the conclusion that there was any element of his being “rash and negligent”.

“Thus, even assuming that the petitioner was driving at a “high speed”, the same is not sufficient to conclude that the petitioner was, in fact, driving the Car in a “rash and negligent” manner,” the Court said.

Justice Banerjee was dealing with the man's plea challenging his conviction and order of sentence passed by the trial court. He was convicted under Sections 279 (rash driving) and 304A (causing death by negligence) of the Indian Penal Code, 1860, and was awarded sentence of two years of Rigorous Imprisonment.

Discharging the man in the case, the Court said that there was no evidence on record to show that he was driving the car in a “rash and negligent” manner.

It added that there was no whisper from any of the witnesses or by the prosecution about what was meant by “high speed” or what was the “high speed the man was actually driving at.

“Succinctly put, there being an overall infirmity and unfilled lacunae in the case set up by the prosecution, the prosecution was not able to prove its case beyond reasonable doubt that the petitioner was indeed driving the Car in a “rash and negligent” manner, which resulted in the demise of the two pedestrians,” the Court said.

It added: “More so, merely because the Car, allegedly being driven at a “high speed” hit the two pedestrians leading to their demise, it is not adequate for a Court of law to hold that the petitioner was being “rash and negligent.”

Title: MANISH KUMAR v. STATE

Citation: 2025 LiveLaw (Del) 410

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