Question

The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

Principle: Willful rash driving is an offense.

Facts: Mr. Tiwari was driving his car after drinking alcohol. Police booked him for willful negligent driving. Is the act of the police lawful?

विकल्प

• 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.

Answer 1

No, because Mr. Tiwari was not driving rashly; he was drunk while driving.

Explanation:

The principle of section 85 and 86 is based on English  Law decided and followed in Director of Public  Prosecution vs Board in which it was held that  drunkness was no defence unless it could be proved  and established that at the time of committing an  offence the accused was so drunk that he was incapable  of forming the intent to commit it.