Use Of Mobile While Driving An Offence: 2018 Kerala HC Judgment Vs. 2019 Amendment Of MV Act
Live LawA news report about a judgment delivered by Kerala High Court in March 2018 is seen going rounds recently in the Social Media. In the said judgment, the High Court had held that, in the absence of a statutory provision to hold that use of mobile phone while driving or riding a vehicle would amount to a dangerous act or it affects public safety, it is not. In the said judgment, the High Court had held that, in the absence of a statutory provision to hold that use of mobile phone while driving or riding a vehicle would amount to a dangerous act or it affects public safety, it is not possible to invoke Section 118 of the Kerala Police Act. Section 184 of the MV Act now reads as follows: 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 first offence with imprisonment for a term which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term "which may extend to two thousand rupees", the words "of ten thousand rupees". The basis of the judgment that held 118 of the KP Act cannot be invoked for use of mobile while driving, was the absence of any statutory provision to hold that use of mobile phone while driving or riding a vehicle would amount to a dangerous act or it affects public safety.
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