Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Wilful rash driving is an offense.

Factual Situation: X was driving his car after consuming liquor. The police booked him for wilful negligent driving.

Question: Is the act of the police lawful?

• A. No, because A was not driving rashly and wilfully. though he was driving in a drunken state.
• B. No, because this is not a negligent act.
• C. Yes, because A was driving rashly.
• D. Yes, because the police has power to arrest if someone is driving rashly.

Answer 1

The correct option is A No, because A was not driving rashly and wilfully. though he was driving in a drunken state.

No, A was not driving rashly although he was drunk and driving.

Police can file a case of drink and driveagainst A but not of rashly driving because he was not driving in a high speed nor rashly. Although he was drunk which is also an offense. He'll be liable for punishment for drunk and drive and not for rashly driving.

Hence, A is the correct option.