Question:

Principle: Wilful rash driving is an offence.
Facts: Mr. Tiwari was driving his car after drinking alcohol. Police books him for wilful negligent driving. Is the act of the police lawful?

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Always distinguish between drunken driving and rash driving — they are distinct offences under traffic and criminal law.
Updated On: Aug 11, 2025
  • No, because Mr. Tiwari was not driving rashly; he was drunk while driving.
  • No, this is not a negligent act.
  • Yes, because Mr. Tiwari was driving rashly.
  • Yes, because the police has the power to arrest a person driving rashly.
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The Correct Option is A

Solution and Explanation

The principle criminalizes only wilful rash driving, which implies deliberate and dangerous driving. Drunken driving is a separate offence but is not the same as rash driving unless it involves deliberate high-speed or dangerous manoeuvres. Here, the fact only shows he was drunk, not that he was driving rashly, so the charge of wilful rash driving is not justified.
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