A pedestrian is someone who is not in a moving vehicle and is instead strolling. In India, there are numerous rules in existence to protect pedestrians.
Less than 30% of metropolitan roadways in India have walkways, despite the fact that they are unquestionably the most significant public areas in cities and that pedestrians are their primary users. In the most recent few years, 30–40% of the fatalities in urban traffic accidents were pedestrians. We must secure the rights and protection of pedestrians on Indian roadways due to the growing number of vehicles and shrinking pedestrian spaces.
Laws Pertaining to Rights of the Pedestrian
Rules of the Road Regulations (1989)
In accordance with Rule 8 of the aforementioned law, drivers are required to reduce their speed as they approach pedestrians or zebra crossings.
Except when a police officer on duty gives permission, Rule 11 forbids motor vehicles from operating on the footpath or cycle lane.
No driver of a vehicle shall park their vehicle close to or on a crossing for pedestrians, a footpath, or a traffic light in violation of Rule 15 of these laws.
Indian Penal Code (1860)
Section 279 of the Indian Penal Code deals with reckless or negligent driving of a vehicle or reckless or negligent riding in a public way that endangers human life or is likely to cause injury or harm to anyone.
Punishment- It shall be punished with either a term of imprisonment of either kind for a term that may not exceed six months, a fine that may not exceed the amount of one thousand rupees, or both.
Section 304A of the Indian Penal Code deals with any reckless or careless action that results in a person's death but is not amounting to murder.
Punishment- It shall be punished with a fine, imprisonment of either kind for a term that may not exceed two years or both.
Section 336 of the Indian Penal Code deals with safeguarding the public from any reckless or careless act, such as driving recklessly jeopardizing human life and safety.
Punishment- Along with penalty fees and jail time for a maximum of three months, this section also lists other penalties.
Section 337 of the Indian Penal Code deals with any such hasty or careless act that endangers a person's life.
Punishment- It carries a maximum six-month sentence in jail or a fine, or both. If such hasty or careless action results in serious injury to anyone, up to two years in prison, a fine, or both are applicable.
Motor Vehicles Act (1988)
The State Government is also given the authority to enact laws under Section 138 of the Motor Vehicles Act (1988) that ensure the safety of road users by forbidding the use of motor vehicles on pavements and footpaths.
Role of Judiciary
In the case of Prathap Kumar G v State of Karnataka & Ors, the Court concluded that any injury not caused to a human person is not recognised or made a crime under Section 279 of the IPC. As a result, the harm or death brought about by the pet or animal would not constitute an offence under Section 279 of the IPC.
Role of Lawyers
Even though some legal issues can be handled on your own, any type of criminal arrest calls for the legal counsel of a skilled criminal lawyer who can inform you of your rights and work to get the best result for your case.
If you're being investigated for a crime, a criminal defence lawyer can explain to you-
The nature of the allegations made;
Rights before and following an arrest;
Any potential countermeasures;
What potential plea agreements would be presented; and
What to anticipate following a trial or conviction.
To make it simpler to brief the lawyer on the case, it is best to construct a timeline of occurrences and write it down. This will also assist the lawyer in coming up with a plan to effectively manage the trial and persuade the judge to rule in your favour.
A thorough awareness of the applicable laws pertaining to the issue is also essential. It is necessary to speak with a lawyer and have a grasp of the legal system and the relevant laws. It is equally crucial to carry out your own research, understand any potential risks, and know how to reduce them.
Therefore, if you are accused of committing a crime under the Indian Penal Code, having a criminal lawyer on your side can be incredibly helpful.
At Lead India, you can consult and talk to lawyer for advice there. You can get free legal advice online as well as ask a legal question online for free to lawyers at Lead India.
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