‘No provision in law to ban use of mobiles while driving’
TIMES NEWS NETWORK
Kochi: 17.05.2018
Using mobile phone while driving cannot be said to cause danger to public or to affect public safety as there is no legal provision that bars the use of a phone while driving, the Kerala high court has held.
The ruling was given by a division bench comprising justices AM Shaffique and P Somarajan while answering a reference made by a single bench regarding the applicability of section 118(e) of Kerala Police Act.
As per prosecution, the petitioner, one Santhosh M J, was found talking on a mobile phone at 5.45pm on April 26 last year while driving on a public road. The single bench was of the view that using a mobile phone while driving will constitute an offence under Section 118(e). The matter was referred to a division bench as there were judgments to the contrary by other single benches, including a 2012 judgment (Abdul Latheef vs. State of Kerala) by justice SS Satheesachandran.
In the 2012 judgment, it was held by justice Satheesachandran that Section 118(e) cannot be invoked for talking on mobile phone while driving as there was no statutory provision to the effect that such use would amount to a dangerous act to the public. Even if using mobile phone while driving would amount to driving dangerously, it was covered by Section 184 (driving dangerously) of Motor Vehicles Act, the court had held.
An offence under Section 118(e) is punishable with imprisonment up to three years or with fine up to ₹10,000 or with both. Section 184 is punishable with imprisonment up to six months or with fine up to ₹1,000.
After considering the contradictory judgments by the single bench, the division bench said: “In the case on hand, unless the ‘act’ of accused causes danger to public or failure in public safety, the penal provision under Section118 (e) will not be attracted. The ‘act’ contemplated by the prosecution is use of a mobile phone while driving a vehicle and thereafter assuming that it may cause danger to public or failure in public safety. In the absence of any statutory provision, which prevents use of a mobile phone while driving a motor vehicle, it may not be possible to infer that danger will be caused in the process.”
BREAKING RULES
TIMES NEWS NETWORK
Kochi: 17.05.2018
Using mobile phone while driving cannot be said to cause danger to public or to affect public safety as there is no legal provision that bars the use of a phone while driving, the Kerala high court has held.
The ruling was given by a division bench comprising justices AM Shaffique and P Somarajan while answering a reference made by a single bench regarding the applicability of section 118(e) of Kerala Police Act.
As per prosecution, the petitioner, one Santhosh M J, was found talking on a mobile phone at 5.45pm on April 26 last year while driving on a public road. The single bench was of the view that using a mobile phone while driving will constitute an offence under Section 118(e). The matter was referred to a division bench as there were judgments to the contrary by other single benches, including a 2012 judgment (Abdul Latheef vs. State of Kerala) by justice SS Satheesachandran.
In the 2012 judgment, it was held by justice Satheesachandran that Section 118(e) cannot be invoked for talking on mobile phone while driving as there was no statutory provision to the effect that such use would amount to a dangerous act to the public. Even if using mobile phone while driving would amount to driving dangerously, it was covered by Section 184 (driving dangerously) of Motor Vehicles Act, the court had held.
An offence under Section 118(e) is punishable with imprisonment up to three years or with fine up to ₹10,000 or with both. Section 184 is punishable with imprisonment up to six months or with fine up to ₹1,000.
After considering the contradictory judgments by the single bench, the division bench said: “In the case on hand, unless the ‘act’ of accused causes danger to public or failure in public safety, the penal provision under Section118 (e) will not be attracted. The ‘act’ contemplated by the prosecution is use of a mobile phone while driving a vehicle and thereafter assuming that it may cause danger to public or failure in public safety. In the absence of any statutory provision, which prevents use of a mobile phone while driving a motor vehicle, it may not be possible to infer that danger will be caused in the process.”
BREAKING RULES
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