The offenses of the Motor Vehicle Act can also be registered under IPC: Supreme

(PTI) New Delhi, October 7, 2019, Monday

At high speeds, cases can also be registered under the Indian Penal Code against those who are sued under the Motor Vehicle Act for impaired driving, as both laws work in full force in their own circle. ' Traffic accidents in India are increasing due to increasing motorization in the country, the burden of injuries and fatalities is increasing, ”the apex court said.

The bench headed by Indu Malhotra rejected the Guwahati High Court's order dated December 22, 2008, stating that the proceedings could not be carried out under the IPC against the over-speeding agitator and other offenders against whom the offense was registered under the Motor Vehicle Act. ' In our view the law is right. The Court considered the Motor Vehicle Act 1988 as "a question of the Motor Vehicle Act, as long as it is fully appropriate," the court said.

However, there is no restriction on the operation of MV Act 1988 or any other offense. For this reason, the Guwahati court ruling is subject to cancellation, the court said. The apex court had said that under both laws, the severity of the offense could be different and that the offender could be operated under both laws separately.

"The principle that special laws should be above all common law should be applied in the case of prosecution of offenders in road accidents under the IPC and MV Act," he said. Justice Malhotra, who wrote the judgment for the bench, said, "In our view IPC and MV were one of the MVGs There is no contradiction.

Both laws are quite different from one another and operate in different circumstances. Conducting the crime, the bench said that there is no provision under the Motor Vehicle Act that operates separately, causing death or serious injury.