Motor Vehicles Act Section 184 — Driving dangerously

CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE

Civil

Summary

This section makes it an offence to drive a motor vehicle in a way that is dangerous to the public, or that causes a sense of alarm or distress to the people in the vehicle, other road users, or people near the road. Whether the driving is dangerous is judged by looking at all the circumstances of the case, including the nature, condition, and use of the place where the vehicle is driven, and the amount of traffic that is actually there at the time or that might reasonably be expected to be there.

For the first offence, the punishment is imprisonment for a term that may extend to one year but shall not be less than six months, or a fine that shall not be less than one thousand rupees but may extend to five thousand rupees, or both.

For any second or subsequent offence, if it is committed within three years of the commission of a previous similar offence, the punishment is imprisonment for a term that may extend to two years, or a fine of ten thousand rupees, or both.

The explanation to this section clarifies that certain specific actions will amount to driving in a manner that is dangerous to the public. These actions are: jumping a red light; violating a stop sign; using handheld communications devices while driving; passing or overtaking other vehicles in a manner contrary to law; driving against the authorised flow of traffic; or driving in any manner that falls far below what would be expected of a competent and careful driver, and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous.

Official Text

Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public 2[or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,] having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term 3[which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both], and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine 4[of ten thousand rupees], or with both. 5[Explanation.—For the purpose of this section,—

(a) jumping a red light;

(b) violating a stop sign;

(c) use of handheld communications devices while driving;

(d) passing or overtaking other vehicles in a manner contrary to law;

(e) driving against the authorised flow of traffic; or

(f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.]