BNS Section 281: Rash Driving Or Riding On A Public Way
Section 281 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 281 specifically deals with negligent driving in public space. Let us take a closer look at its provisions.
Definition of BNS Section 281
Section 281 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
Explanation and Illustration of Section 281
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of negligent driving in a public space. Let us break down the section to get a better understanding of it.
Offence
This section provides for offences related to driving of vehicles or rides on a public way. Let us break down the key words.
Vehicle or ride: any form of machinery that is used in the transportation of persons or objects from one destination to another.
Public Way: any clearing or route that is lawfully used by members of the public for movement or any other purpose as a part of public utility.
The above action shall be considered an offence under the provisions of Section 281 if:
Punishment
A person who operates a vehicle or a ride in a manner that endangers or threatens to cause injury to any person on a public way shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
Z, in order to avoid the red signal, accelerates his vehicle as the signal turns green causing a near collision with a person crossing the road. Z is an offender under the provisions of Section 281.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 281
This section deals with:
Rash driving or riding on a public way
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 281 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 281 of BNS replaces Section 279 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 281 | Rash driving or riding on a public way. | 279 | No change in provision for offence. |
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FAQs about Section 281 of the Bharatiya Nyaya Sanhita (BNS)
Is 281 BNS compoundable?
No. Section 281 is a criminal matter and is not compoundable.
Is BNS 281 bailable?
Yes. Section 281 is a bailable offence.
Does BNS 281 cover reckless riding of bicycles or non-motorized vehicles?
Yes. Section 281 does not specify any particular type of vehicle to which it is applicable which implies that irrelevant of what the vehicle is, rash and reckless driving of any kind on a public way that endangered the lives of others using the public way shall be considered offenders.
Can minors be prosecuted under BNS 281 for rash driving?
No. Minors cannot be prosecuted under section 281. However, their legal representatives will be held accountable for the same.
What is the difference between rash driving and negligent driving under BNS 281?
Rash driving refers to intentionally driving in a manner that threatens general road safety. Negligent driving refers to driving absentmindedly in a manner that threatens general road safety.
Does BNS 281 apply to private roads?
No. Section 281 only applies to public ways.
What steps can drivers take to avoid violating BNS 281?
Drivers can avoid violating Section 281 by following road traffic rules and code of conduct.
