Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years or with fine; or with both.
FACTUAL SITUATION: Two buses under DTC operation were trying to overtake each other on the Ring Road, Nearing a cross-road from where a turn had to be negotiated, one of the two buses collided with a lorry, overturned and plunged into a pond resulting in the death of a few occupants of the bus and injuries to others.
QUESTION: Is the driver guilty of offence of causing death by negligence?

• A. No
• B. Yes
• C. Overtaking is a competitive course of action
• D. None of the above

Answer 1

The correct option is B Yes

The drivers of both the buses were negligent enough to try to overtake each other on a Cross-road in the first place.

The act that lead to the death of occupants clearly shows that the drivers were negligent and driving rashly in order to overtake, that it lead to the overturning of bus. Therefore, the driver is guilty and liable.

Hence, B is the correct option.