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: Wilful rash driving is an offence.
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 willfully, through 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 willfully, through he was driving in a drunken state

Willful rash driving and driving while drunk are two separate offences. Since the principle only makes wilful rash driving as an offence and not drunk driving as an offence. Therefore, A was driving drinking but wasn't driving rashly. Therefore, the act of the police is not lawful since A was not driving rashly and wilfully, though he was driving in a drunken state.