An experienced driver was driving a bus consisting of 200 people going to a marriage. During the night all the passengers in the bus were sleeping and all of a sudden the bus hit a big tree on the road side. 20 people died among whom 4 were children and two aged persons. Whether driver is liable? Discuss.

Facts of the Case

• An experienced bus driver was driving a passenger bus carrying 200 people, all of whom were asleep at night.
• While driving during nighttime, the bus hit a large roadside tree.
• The impact caused 20 deaths, including 4 children and 2 elderly persons, and several others may have sustained injuries.
• No further information is given regarding road conditions, mechanical failure, intoxication, or driver fatigue.

Issues in the Case

1. Whether the driver’s act amounts to rash and negligent driving under Indian Penal Code (IPC)?
2. Whether the deaths caused constitute offences under IPC Sections 279, 304A, 337, or 338?
3. Whether the driver can be held criminally liable despite being “experienced”?
4. Whether the prosecution must prove rashness or negligence to secure conviction?

Legal Principles & Provisions

A. Section 279 IPC – Rash Driving on a Public Way

• Applies when a person drives in a manner rash or negligent, endangering human life.
• Punishable with imprisonment up to 6 months or fine or both.
• Key requirement: Existence of rashness or negligence.

B. Section 304A IPC – Causing Death by Rash or Negligent Act

• Applies when death is caused without intention or knowledge, but due to gross negligence.
• Punishment: Up to 2 years imprisonment, or fine, or both.
• The prosecution must prove:
  • Duty of care
  • Breach of that duty
  • Causal connection between breach and death

C. Sections 337 & 338 IPC – Causing Hurt/Grievous Hurt by Rash or Negligent Act

• Section 337: Endangering human life causing hurt
• Section 338: Causing grievous hurt
• Applicable for injured passengers.

D. Legal Tests for Negligence (as per Indian Case Law)

• Jacob Mathew v. State of Punjab (2005) – Defines “gross negligence.”
• Kurban Hussein v. State of Maharashtra – Negligence must be direct cause of death.
• Bhalchandra v. State of Maharashtra – Ordinary negligence is insufficient; must be gross negligence.

Factors Considered in Accidents Involving Drivers:

• Speed inappropriate for circumstances
• Driving in a drowsy state
• Lack of proper lighting
• Failure to maintain proper lookout
• Mechanical failure (if known to the driver)
• Sudden swerving or loss of control

E. Burden on Prosecution

The prosecution must prove:

• Rashness (doing something dangerous)
• Negligence (failure to take reasonable precautions)

Experience of the driver does not exempt liability if conduct was negligent.

Possible Judgment

Based on the known facts and standard legal reasoning:

A. Likely Liability

If the driver:

• Fell asleep OR
• Drove at high speed at night OR
• Failed to maintain proper lookout OR
• Did not control the vehicle properly
  then he would be liable under Sections 279, 337/338, and 304A of the IPC.

Given the accident happened “all of a sudden,” and resulted in 20 deaths, courts generally presume negligence, unless the driver proves otherwise.

B. Possible Defence

The driver may avoid liability only if he proves:

• Sudden mechanical failure (brake failure, tyre burst)
• Act of God (tree suddenly falling, animal suddenly appearing)
• No negligence on his part

However, such defences must be supported by evidence, which is often difficult.

C. Expected Court Decision

In the absence of evidence of unavoidable accident, the court is likely to hold:

• The driver is guilty of rash and negligent driving
  under Sections 279 & 304A IPC for causing death of 20 persons.
• Also liable under Sections 337/338 for injuries to surviving passengers.

D. Punishment

1. Section 304A IPC: Up to 2 years imprisonment, or fine, or both.
2. Section 279 IPC: Up to 6 months, or fine, or both.
3. Section 337/338 IPC: Additional imprisonment/fine for injured persons.

Courts may impose:

• Enhancement due to number of victims,
• Cancellation or suspension of driver’s license,
• Compensation to victims’ families (under Motor Vehicles Act).

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