Stunts Done On Public Roads Leading To Death Qualify As Culpable Homicide, Not Death By Negligence: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that stunts done on a public road leading to death would fall under the definition of culpable homicide, and not death by negligence.
The Court dismissed the anticipatory bail Petition of the Petitioner accused of causing the death of a minor during a motor stunt involving a modified tractor. The Court held that the acts of the Petitioner prima facie amounted to culpable homicide because such conduct depicted a “callous and unconcerned attitude” towards the pedestrians and other vehicles on the road.
A Single Bench of Justice Anoop Chitkara observed, “When someone does stunts on a public road, endangering public safety, and when the motor sport is not being conducted with the knowledge of the traffic control authorities and ample time has been given to them to take preventive steps, the acts of public stunt, it leads to death would fall in the definition of culpable homicide and if death is not caused then an attempt to cause culpable homicide and such acts would not fall only under section 106 BNS [Analogous to 304-A IPC, 1860] because of the requisite knowledge that such an act is likely to result into death or cause death.”
Advocate Amardeep Singh represented the Petitioner, while AAG Sukhdev Singh appeared for the Respondent.
According to the complainant’s (grandfather of the deceased minor) statement, the accused, along with the co-accused, performed stunts on a public road using a tractor. The complainant and his nephew witnessed the stunt, during which the front portion of the tractor was lifted in the air, causing it to fall on the victim, who was a pillion rider on a motorcycle. The victim sustained severe injuries and succumbed to them on the way to the hospital.
An investigation revealed that the tractor had been modified, including the addition of a turbo pump to enhance acceleration and changes to its gearbox. The modifications were alleged to have contributed to the dangerous high-speed.
The High Court stated that acts involving public stunts on modified vehicles on public roads performed without precautionary measures demonstrated a callous attitude towards pedestrians. “On the face of it, such an act would not fall under rash and negligent driving, but prima facie amounts to culpable homicide,” it remarked.
The Bench referred to Section 100 of the BNS and observed that the Petitioner’s actions went beyond rash and negligent driving as defined under Section 106 of the BNS. The Court stated that the knowledge of the consequences of such stunts qualified the actions as culpable homicide.
“In the present case, the Tractor was modified by fitting an extra turbo pump to increase the acceleration. The video points towards its high speed on a public road. If a soft stand is taken towards such stunts, the roads, which are already unsafe, will become more unsafe for pedestrians and two-wheelers, which account for the maximum number of casualties for pedestrians and two-wheelers in road accidents in this region,” the Bench observed.
Consequently, the Court held, “ A perusal of the bail petition and the documents attached prima facie points towards the petitioner’s involvement and does not make out a case for anticipatory bail. The impact of crime would also not justify anticipatory bail. Any further discussions will likely prejudice the petitioner; this court refrains from doing so.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Lakhbir Singh @ Lakha v. State of Punjab (Neutral Citation: 2024:PHHC:172012)