High Speed Alone Isn't Rash & Negligent Driving: Legal Insights

2025 0 Supreme(Del) 194

The petitioner driving at a “high speed” does not/ cannot in itself always mean and/ or establish that he was acting in “rash and negligent” manner. ... High speed by itself may not in each case be sufficient to hold that a driver is rash or negligent. Speed alone is not the criterion for deciding rashness or neglige....

2025 0 Supreme(Guj) 1483

1998 (8) SCC 493 , held that mere driving the vehicle at a “high speed” will not lead to the inference that there is negligent or rash driving of the vehicle and that the accident resulted into a death of a person and injuries to number of persons. ... Now, the question is whether he has driven the auto- rickshaw in a rash and negligent manner or whether the accident took place on accoun....

2024 Supreme(Online)(DEL) 12470

For one person, driving at a speed of 80 may be high speed and rash and negligent and for another it may not be. 17. ... A witness can depose as to the manner of driving or speed at which the vehicle was being driven but not render an opinion on “rash and negligent”. High speed by itself may not in....

2023 Supreme(Online)(DEL) 6597

High speed by itself may not in each case be sufficient to hold that a driver is rash or negligent. Speed alone is not the criterion for deciding the rashness or negligence on the part of the driver. ... d at which the vehicle was being driven but not render an opinion on "rash and negligent". ... There is no evidence to draw the infe....

2021 Supreme(Online)(Gau) 401

State of Tripura, reported in (2013) 2 TLR 934 it was held by this High Court that high speed itself does not constitute rash and negligent driving. In a later decision in Nantu Chandra Das alias Nantu Das v. ... State of Tripura, reported in (2015) 1 TLR 1007 it was similarly held by this High Court that speed itself does not constitute rashness or ne....

2023 0 Supreme(J&K) 536

Similarly, to constitute offence under Section 304 (A) IPC, the prosecution is to establish the rash or negligent act of the accused which was responsible in resulting to death of the victim and such act of rash or negligence do not amount to culpable homicide. ... The accident had occurred due to the fast and negligent driving by the....

2023 0 Supreme(Mad) 3142

Though the witness stated about the speed of the bus, he has not stated what was the speed and the evidence of P.W.3 also does not disclose the rash and negligent act of the petitioner. 14. ... But in this case, the prosecution failed to prove the rash and negligent act of the petitioner. The Courts below failed to c....

Karnataka

Admittedly, the bicycle cannot go fast. The incident occurred only when the accused overtook another vehicle in a rash and 9 negligent manner and high speed. ... A rash act is a negligent act done precipitately. Negligence is the genus, (sic) of which rashness is the species. ... The Courts failed to appreciate the evidence and not#HL_....

2023 0 Supreme(Mad) 3312

'Rash' and 'negligent' have not been defined in the Indian Penal Code. In Sushil Ansal v. ... In a case where negligence or rashness is the cause of death and nothing more, Section 304A may be attracted but where the rash or negligent act is preceded with the knowledge that such act is likely to cause death, Section 304 Part II IPC may be attracted and if such a #HL_STA....

" The accused was found not guilty on the first count alleging rash acts, but was found guilty on the second count alleging negligent acts and was sentenced to pay a fine of Rs. 30. ... This case-collision, the person injured or killed the more negligent of the two, the inference that death would not have occurred or that the bodily injury would have been much less if the deceased or injured man had....

2022 0 Supreme(Jhk) 328

4. Merely because the truck was being driven at a “high speed” does not bespeak of either “negligence” or “rashness” by itself. Reference in this regard may be made to the Judgment passed in the case of State of Karnataka Versus Satish wherein the Hon’ble Apex Court has held as under : Merely driving a vehicle in “High Speed” does not and cannot attract the charge of “Rash and Negligent Driving”. The I.O. has not been examined in this case so as to prove the time and place of....

2020 0 Supreme(Kar) 1899

It is trite of the law that speed is not the criteria for determining rash and negligent act of the accused. Keeping in view the ratio laid down in the above said decision and on perusal of the evidence of PW1 though he deposed that the said vehicle was in a great speed at the time of accident. But mere speed of the vehicle does not constitute rash and negligent act.

2019 0 Supreme(J&K) 396

“merely driving at high a speed does not denote driving in rash & negligent manner. In 2000-Criminal Law Journal 4362, it has been held that:- Nothing to establish rash & negligent driving by the accused which resulted in the death of cyclist, the accused not proved to be guilty for causing death.

2018 0 Supreme(Bom) 1821

The question whether the accident occurred due to the rash and negligent driving of the offending vehicle and whether there is any contributory negligence would depend upon facts and circumstances of each case. Mere speed is not indicative of rash and negligent driving. In the present case, there is no acceptable evidence to show that the deceased was crossing the road and to show that the point of impact was in the middle of the road, inasmuch as the sketch annexed to the sp....

2016 0 Supreme(Tri) 214

Other three witnesses though claimed to be eye witnesses but from their evidence nothing can be discerned that the vehicle was driven rashly and negligently. According to Mr. Lodh mere high speed does not necessarily amount to rash or negligent driving unless something else is added to the high speed. He has submitted that P.Ws 1, 3, 4 and 10 are the eye witnesses as claimed by them but out of them P.W.4 cannot be said to be eye witness because of making contradictory stateme....