What are the essentials for guilty of offence under Section 337 IPC?
G. ARAVINTHAN (Legal Consultant / Solicitor) 29 January 2011
What are the essentials for guilty of offence under Section 337 IPC?
GUDAKESH KUMAR (LAW OFFICER) 29 January 2011
rash or negligent act of the accused so as to endanger human life, or the personal safety of others.
Shailendra prasad singh (Lawyer) 29 January 2011
337 IPC- merely because the vehicle in question was being driven at a high speed does not speak of either negligence or rashness by itself. HIGH SPEED is a relative term.it is for the prosecution to bring on record these stablish materials which would establish what is meant by HIGH SPEED on the facts and circumstances of the case. See State V/S Satish 1998 SCC 493.
essentials of guilty 1. Accused did some act 2. He did it rashly or negligently 3. The act endangered human life or personal safety 4, Hurt was caused to some person in consequence thereof.
N.K.Assumi (Advocate) 29 January 2011
Agreed with Shailendra's views, as speed alone is not proper to measure negligence of a person, as there can be negligence even while driving at a low speed.