Supreme Court of India · 2019-10-04
THE STATE OF ARUNACHAL PRADESH vs RAMCHANDRA RABIDAS @ RATAN RABIDAS.
- Citation / case number
- SC 2009/19259
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF ARUNACHAL PRADESH
- Respondent
- RAMCHANDRA RABIDAS @ RATAN RABIDAS.
- Author
- HON'BLE MS. JUSTICE INDU MALHOTRA
- Bench
- HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MS. JUSTICE INDU MALHOTRA
Judgment text excerpt
The Supreme Court held that the Gauhati High Court erred in ruling that road traffic offences must only be prosecuted under the Motor Vehicles Act, 1988, and that prosecution under the Indian Penal Code, 1860, is without legal sanction. The Court emphasized that Section 5 IPC recognizes the supremacy of special laws like the M.V. Act, which provides a specific procedure for road traffic offences. Consequently, the Court ruled that the prosecution of road traffic offences under the IPC is impermissible unless the M.V. Act does not adequately address the offence, thereby affirming the need to adhere to the provisions of the M.V. Act for such cases.