Bns section 125(a) applied to minor collision

Sandip Das (Querist) 20 March 2025 This query is : Resolved
If there is a "simple injury" of a bike rider resulting from a minor collision (unintentional) with a car, will it qualify for rash and negligent driving as per BNS 125(a)?

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This discussion explores whether a minor, unintentional collision between a car and a bike rider, resulting in a simple injury, can be prosecuted under Section 125(a) of the Bharatiya Nyaya Sanhita (BNS) for rash and negligent driving. While the law addresses acts endangering safety, the vagueness of the 'rash and negligent' definition is highlighted as a potential area for subjective interpretation and misuse, leading to harassment. Legal advice suggests consulting a lawyer for specific cases and challenging charges in court.

T. Kalaiselvan, Advocate (Expert) 21 March 2025
BNS Section 125 addresses acts done rashly or negligently that endanger human life or personal safety. The severity of the punishment increases with the level of harm caused, ranging from up to three months of imprisonment or a fine for endangerment, to up to three years of imprisonment or a fine for grievous harm.

Dr. J C Vashista (Expert) 23 March 2025
Yes, it amounts to rash and negligent driving and attracts the punishment prescribed u/s 125(a) BNS, 2023 as explained by learned senior expert Mr. T Kalaiselvan ji.

Sandip Das (Querist) 24 March 2025
So, any minor collision, even if unintended, amounts to rash and negligent driving? By both the drivers? Or by the causing driver?

T. Kalaiselvan, Advocate (Expert) 24 March 2025
The law is common and it will be applicable as epr the offence committed whether minor or major.

Sandip Das (Querist) 24 March 2025
If the bike rider is unlicenced, driving without helmet, overtakes the car from left side and suddenly comes in front of the car thereby causing a minor collision (resulting in a simple injury to the bike rider), should the car driver be tried under Section 125a for "rash and negligent driving"?

T. Kalaiselvan, Advocate (Expert) 25 March 2025
Your arguments will be considered by the court in the trial proceedings and not this forum.
You may instruct your lawyer about the course of action to be followed based on the information what you have furnished here
Law knows no logic or sentimental feelings.

Dr. J C Vashista (Expert) 25 March 2025
Prima facie it is a time pass query.
Otherwise consult your lawyer for professional advise and proceeding.

Sandip Das (Querist) 25 March 2025
The definition of 'rash and negligent' driving is not very clear in BNS 125a and so it becomes open to subjective interpretation and selective application. Certainly not 'timepass query' in the context of an event where a driver has been accused and charged with a background motive of extortion.

T. Kalaiselvan, Advocate (Expert) 26 March 2025
You can challenge the case in the trial proceedings if you are able to interpret the meaning of underlying law in this case justifying your interpretation before court during final arguments.

Dr. J C Vashista (Expert) 26 March 2025
What is your (personal) issue / problem / dispute qua rash and negligent driving, a crime u/s 125(a) BNS, 2023, i.e., subject of the query ?

Sandip Das (Querist) 28 March 2025
The issue that I see is the 125(a) BNS has a vague / outdated definition of rash / negligent driving. This gives opportunity to some people to misuse and file false case against others, which leads to mental and financial harassment of innocents.

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