Police declares talking on Bluetooth as an offence
The Section 184 of the Indian Motor Vehicles Act, the amendment of which came into force on 1 September 2019, defines and declares what all things come under the offence of driving dangerously.
Under the Section, a person using a mobile phone or a handheld communication device during his driving is an offence and he can be charged for the offence.
Whether talking on Bluetooth can be punished under this section is a grey area. But Kerala Police say it is also an offence, without the support of any statute.
Offence of driving dangerously
The Section 184 of the act states that whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads, having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the offence of driving dangerously.
What all things come under dangerously driving?
The things that come under driving which is dangerous to the public, as explained in the Section 184 of the act are:
- jumping a red light
- violating a stop sign
- use of handheld communication devices while driving
- passing or overtaking other vehicles in a manner contrary to law
- driving against the authorised flow of traffic
- driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous.
Punishment for the first time
If anyone commits this offence of driving dangerously for the first time the punishment will be imprisonment for a term which shall not be less than six months but may extend to one year or with fine, or with both.
The fine thus imposed shall not be less than one thousand rupees, but may extend to five thousand rupees.
Punishment for the second time
For any second or subsequent offence of driving dangerously if it is committed within three years of the commission of a previous similar offence, the imprisonment may be for a term which may extend to two years, or with fine of ten thousand rupees, or with both.
Mobile phone use is a compoundable offence
The notified authorities of the state government can compound the offence of use of handheld communication device while driving.
The government may require the offender to do community service or undergo a driver refresher training course, prescribed under Section 19 (2A) of the motor vehicles act.
Police officer can arrest such a dangerous driver
A police officer in uniform can arrest an offender who commits the offence of drives dangerously if it is committed in his presence.
The officer who arrests the driver can take steps, which he considers as proper, for the temporary disposal of the vehicle, as well.
Kerala now bans use of blue tooth devices while driving
Use of handheld mobile device for conversation while driving definitely comes under the offence of dangerous driving.
The police wing of the government of Kerala treats the use of Bluetooth device, which is not a handheld communication device, for communication while driving also comes under the offence of dangerous driving.
This matter has turned into a controversy and will remain as a grey area. The issue will be settled only when either the High Court of Kerala comes out with a pronouncement or the law maker brings in more clarity on this debatable provision.
The police have said that talking on the phone can get your license suspended and it stands true for talking on hands-free devices too. The Section 19 (1) (f) of the motor vehicle act states that the licensing authority can disqualify a person for a specified period if he has committed an act which is likely to cause nuisance or danger to the public.
The Section 21 (25) of the Central Motor Vehicles Rules states that using mobile phone while driving a vehicle is an item based on which a licensing authority can disqualify a driving license for a specific period.
The police says that the same penalty and punishment given to those who drive holding mobile phone will apply to those speaking on Bluetooth as well.
In case of any doubt, the police say that they will check the call history of the driver to confirm. But no law, as of now, provides them with the right to check the mobile phone of a person under a mere suspicion alone.
Section 279 of IPC treats rash driving as an offence
The Section 279 of the Indian Penal Code (IPC) treats rash driving as an offence.
The Section states, “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.
The term negligent driving in this section means omission to do something which a reasonable and prudent person would not do (Ravi Kumar v State of Rajasthan, AIR 2012 SC 2986).
It is a cognisable and bailable offence but a non-compoundable one. The punishment provided in the IPC is six months imprisonment or fine of Rs 1000 or both.
K P Act 118 (e) cannot be used to charge mobile phone users
Until 2018, Kerala Police used to charge on the drivers, who were using mobile phone while driving, under the Section 118 (e) of the Kerala Police Act.
The Section 118(e) of the Kerala Police Act reads: “Any person who knowingly does any act which causes danger to public or failure in public safety; or shall, on conviction be punishable with imprisonment for a term which may extend to three years or with fine not exceeding ten thousand rupees or with both”.
A Division Bench of the High Court of Kerala consisting of Justices AM Shaffique and P Somarajan in Santhosh M J v State of Kerala ( reaffirming the single judge decision in Abdul Latheef v State of Kerala in Crl M C No 1060 of 2012 ) decided on 16th March 1018, in a reference made by a single judge bench, that there was no direct provision in law that can be used to punish a driver for using mobile phone while driving. Therefore the Section 118(e) of the Kerala Police Act cannot be used to charge a driver using a mobile phone.
Therefore, the Section 118(e) of the Kerala Police Act, intended to be used for some other serious offences of larger dimensions, cannot not be used to charge a driver using a mobile phone.
Imposing K P Act 118(e) on Bluetooth users is illegal
Newspaper reports say that the Kerala Police intend to use Section 118 (e) of the Kerala Police Act to charge the drivers using blue tooth device while driving, once again.
Based on the above said decision of the High Court of Kerala, one can conclude that imposing Section 118 (e) on drivers using Bluetooth device is illegal.
