Accused can be tried under MV Act as well as IPC simultaneously.

Rohit Pradhan | 9^th October 2019

The State of Arunachal Pradesh and Ors. vs. Ramchandra Rabidas and Ors., MANU/SC/1383/2019

Background

Gauhati High Court held that if an accused is prosecuted under the MV Act, he/she cannot be prosecuted book under the IPC. Hence the State appealed before the Supreme Court to set aside the said judgment.

Issue

Whether the Gauhati High Court was correct to rule that, the accused must only be tried under MV Act and not IPC?

Supreme Court ruling

Judgment of the Gauhati High Court was set aside and held that both the act operates with full vigour and they are independent. Even if they are overlapping with each other at some point of instance, it won’t make both the statutes incompatible.

“In our considered view the position of law is well­ settled. This Court has consistently held that the M.V. Act, 1988 is a complete code in itself in so far as motor vehicles are concerned. However, there is no bar under the M.V. Act or otherwise, to try and prosecute offences under the IPC for an offence relating to motor vehicle accidents.”

Court’s reasoning

1. On compatibility of both the statutes

Court held that the ingredients for an offence in both the statutes are different, hence both the Acts are not identical but independent.

MV Act is silent when it comes to death or grievous hurt caused by by negligent and rash driving, while IPC is very specific regarding these issued.

2. On proportionality between the crime and punishment.

IPC prescribes more strictier punishment when is compared to the MV Act, hence it become imperative that there can be simultaneous applications for trying the offender by both the statutes.