Case: THE STATE OF ARUNACHAL PRADESH Vs. RAMCHANDRA RABIDAS @ RATAN RABIDAS

2. The Gauhati High Court, Agartala bench vide the impugned judgment dated 22.12.2008 held that:i. Sections 183 and 184 of the M.V. Act, which relate to driving of motor vehicles at excessive speeds and dangerously, and other offences under Chapter XIII of the M.V. Act are compoundable before the Police, or in court, and that no further proceeding shall be taken against the accused after he has pleaded guilty. On this premise, it was held that the provisions of Cr.P.C must succumb to the statutory provisions to the M.V.Act, and any investigation, inquiry or trial contrary to the same, would be illegal and unsustainable in law. [Para 14 of the impugned judgment].  ii. The IPC and Code of Criminal Procedure, 1973 ( Cr.P.C) are placed in Entry No. 1 and 2 of the Concurrent List of the Seventh Schedule to the Constitution of India. The M.V. Act,1988 falls under Entry No. 35 of the Concurrent List.  Hence, the status of the M.V. Act is at par with the IPC and Cr.P.C, and it cannot be presumed that M.V. Act is either a subordinate legislation, or inferior to the IPC and Cr.P.C in status. [Para 21 of the impugned judgment]  iii. Section 5 of the IPC removes any kind of ambiguity about the conviction and punishment of offenders under a special enactment, which covers the field. Section 208 of the M.V. Act has laid down a special procedure for disposal of road traffic offences. Hence, recourse to the IPC would offend Section 5 of the IPC.  Section 5 of the IPC recognizes the supremacy of the special laws, which cannot be diluted under the garb of Section 26 of the General Clauses Act, 1897. [Paras 24- 26 of the impugned judgment]  iv. The prosecution of road traffic offences under the IPC is not permitted, since it has no sanction of law. The only exception to this rule would be where the offence cannot be adequately punished under the M.V. Act. [Para 24-26 of the impugned judgment]  v. Since road traffic offences can be regulated and adequately dealt with under the provisions of MV Act, resort to the provisions of the IPC, which is a general law should be avoided. [Para 28 of the impugned judgment]  vi. Sections 183 to 188 of the MV Act, which relate to punishment for driving at excessive speed or dangerously or in a drunken condition, etc., are silent about the outcome of the accidents. These penal provisions do not prescribe any separate punishment for causing hurt to people or for damaging any property. However, this does not mean that the Legislature was not aware or totally oblivious to the consequences of dangerous driving while enacting the M.V. Act. [Para 30 of the impugned judgment]  vii. If a person cannot be convicted for causing hurt to any person while driving a motor vehicle in a rash and dangerous manner under the MV Act, then the said offender cannot also be convicted under the IPC, since the IPC does not expressly take within its purview road traffic offences. [Para 30 of the impugned judgment]  viii. To permit the prosecution of offenders under the provisions of any other penal law other than the M.V. Act in cases of motor vehicle offences would amount to overriding the M.V. Act, which is a special enactment framed by Parliament for motor vehicle offences. By invoking provisions of the IPC for motor vehicle offences, the basic character and structure of the M.V. Act would get distorted, and would not help in curbing the rising rate of motor vehicle accidents. [Para 33 of the impugned judgment]  ix. Prosecution of offenders in cases of road traffic accidents must be carried out under the M.V. Act as a general rule subject to one exception i.e to try offenders in cases of culpable homicide not amounting to murder under S. 304 IPC, because sentence of imprisonment of 6 months provided under the M.V. Act appears to be inadequate, going by the rising rate of violent road accidents. The prosecution of offenders under the provisions of the IPC is violative of settled principles of law and contrary to the legislative intent of the M.V. Act. [Para 37 and 37.1 of the impugned judgment]  x. The High Court directed the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh, and to issue appropriate directions to all subordinate officers to ordinarily register cases against offenders of motor vehicle accidents only under the provisions of the M.V. Act subject to the exception under S. 304 IPC3. The present Special Leave Petitions have been filed by the States of Tripura and Arunachal Pradesh before this Court, wherein vide Orders dated 12.05.2009 and 31.07.2009, the operation of the impugned judgment was stayed.  This Court vide Order dated 26.04.2010 granted special leave to appeal, and directed that the stay of the impugned judgment would continue to operate during the pendency of the appeals.  4. Despite service of notice, none appeared for the Respondents. Since there is no contest to the adjudication on the merits of the case, we are not touching upon that part of the judgment.

Reasoning: 6. In our view there is no conflict between the provisions of the IPC and the MV Act. Both the statutes operate in entirely different spheres. The offences provided under both the statutes are separate and distinct from each other. The penal consequences provided under both the statutes are also independent and distinct from each other. The ingredients of offences under the both statutes, as discussed earlier, are different, and an offender can be tried and punished independently under both statutes. The principle that the special law should prevail over the general law, has no application in cases of prosecution of offenders in road accidents under the IPC and M.V. Act7. It is pertinent to mention that there is no provision under the M.V. Act which separately deals with offences causing death, or grievous hurt, or hurt by a motor vehicle in cases of motor vehicle accidents. Chapter XIII of the M.V. Act is silent about the act of rash and negligent driving resulting in death, or hurt, or grievous hurt, to persons nor does it prescribe any separate punishment for the same; whereas Sections 279, 304 Part II, 304A, 337 and 338 of the IPC have been specifically framed to deal with such offences8. Section 26 of the General Clauses Act, 1897 provides, Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offenceIt is well settled that an act or an omission can constitute an offence under the IPC and at the same time, be an offence under any other law. The finding of the High Court that the prosecution of offenders under two statutes i.e. the M.V. Act and the IPC, is unsustainable and contrary to law, is therefore, set aside9. The legislative intent of the MV Act, and in particular Chapter XIII of the MV Act, was not to override or supersede the provisions of the IPC in so far as convictions of offenders in motor vehicle accidents are concerned. Offences under Chapter XIII of the MV Act, cannot abrogate the applicability of the provisions under Sections 297, 304, 304A, 337 and 338 of the IPC. The offences do not overlap, and therefore, the maxim of generalia specialibus nonderogant is inapplicable, and could not have been invoked. The offences prescribed under the IPC are independent of the offences prescribed under the M.V. Act. It cannot be said that prosecution of road traffic/motor vehicle offenders under the IPC would offend Section 5 of the IPC, as held by the High Court, in so far as punishment for offences under the M.V. Act is concerned10. Considering the matter from a different perspective, offences under Chapter XIII of the MV Act are compoundable in nature in view of Section 208(3) of the MV Act, whereas offences under Section 279, 304 Part II and 304A IPC are not12. The principle of proportionality between the crime and punishment has to be borne in mind. The principle of just punishment is the bedrock of sentencing in respect of a criminal offence. (Gopal Singh v. State of Uttarakhand, (2013) 7 SCC 545 : (2013) 3 SCC (Cri) 608) The maximum imprisonment for a first time offence under Chapter XIII of the M.V. Act, is up to only six months; whereas the maximum imprisonment for a first time offence under the IPC in relation to road traffic offences can go upto 10 years under Section 304 Part II of the IPC. The sentence imposed by the courts should be commensurate with the seriousness of the offence, and should have a deterring effect on wrong-doers. ( State of Karnataka v. Sharanappa Basanagouda Aregoudar (2002) 3 SCC 738 ) The punishment of offenders of motor vehicle accidents under the IPC is stricter and proportionate to the offence committed, as compared with the M.V. Act13. We thus hold that a prosecution, if otherwise maintainable, would lie both under the IPC and the MV Act, since both the statutes operate with full vigour, in their own independent spheres. Even assuming that some of the provisions of the MV Act and IPC are overlapping, it cannot be said that the offences under both the statutes are incompatible14. The High Court has given a contradictory finding by holding on the one hand that the provisions of the Cr.P.C must succumb to the provisions of the M.V. Act, as executive authorities cannot take away a beneficial provision under a special law enacted by Parliament (para 14 of the impugned judgment), while on the other hand, it has opined that the M.V. Act is not a complete code in itself, and there is no complete bar to investigate road traffic offences under the provisions of Cr.P.C. (para 23 of the impugned judgment)15. 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. (National Insurance Co. Ltd. v. Annappa Irappa Nesaria, (2008) 3 SCC 464 : (2008) 2 SCC (Cri) 99 : (2008) 1 SCC (Civ) 945; Gottumukkala Appala Narasimha Raju v. National Insurance Co. Ltd., (2007) 13 SCC 446 : (2008) 2 SCC (L&S) 662) 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. On this ground as well, the impugned judgment is liable to be set aside.If the IPC gives way to the MV Act, and the provisions of CrPC succumb to the provisions of the MV Act as held by the High Court, then even cases of culpable homicide not amounting to murder, causing death, or grievous hurt, or simple hurt by rash and negligent driving, would become compoundable. Such an interpretation would have the consequence of letting an offender get away with a fine by pleading guilty, without having to face any prosecution for the offence committedIf the IPC gives way to the MV Act, and the provisions of CrPC succumb to the provisions of the MV Act as held by the High Court, then even cases of culpable homicide not amounting to murder, causing death, or grievous hurt, or simple hurt by rash and negligent driving, would become compoundable. Such an interpretation would have the consequence of letting an offender get away with a fine by pleading guilty, without having to face any prosecution for the offence