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CLAT Exam  >  CLAT Questions  >  Principle Wilful rash driving is an offence.&... Start Learning for Free
Principle Wilful rash driving is an offence.
​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.
  • a)
    No, because this is not an act of negligence
  • b)
    No, because 'A' was not driving rashly and willfully, but he was driving in drunkenness
  • c)
    Yes, because 'A' was driving rashly
  • d)
    Yes, because the police has power to arrest, if a person is driving after consuming alcohol
Correct answer is option 'B'. Can you explain this answer?
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Principle Wilful rash driving is an offence.​Facts A was driving...
Section 279 IPC tells that rash driving or riding on a public way is an offence.
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Principle Wilful rash driving is an offence.​Facts A was driving...
Explanation:

The correct answer is option 'B' - No, because A was not driving rashly and willfully, but he was driving in drunkenness.

Reasoning:

To determine whether the action of the police is lawful or not, we need to analyze the given facts and applicable laws.

1. Principle: Wilful rash driving is an offense.
2. Facts: A was driving his car after consuming liquor. The police books him on willful negligent driving.

Analysis:

The police have booked A on charges of "willful negligent driving." However, the facts clearly state that A was driving his car after consuming liquor. Therefore, it can be inferred that A was not driving rashly and willfully, but rather under the influence of alcohol.

Driving under the influence of alcohol is a separate offense and is dealt with under different sections of the law. It is not categorized as "wilful negligent driving."

Legal Perspective:

1. Driving under the influence of alcohol is considered a serious offense as it poses a risk to the driver's life as well as the lives of others on the road.
2. The police have the power to arrest a person who is driving after consuming alcohol, as it is a violation of traffic laws.
3. However, in this case, the police have wrongly booked A on charges of "wilful negligent driving" instead of "driving under the influence of alcohol."
4. The action of the police is not lawful because A was not driving rashly and willfully, but rather driving under the influence of alcohol.

Conclusion:

Based on the given facts and legal perspective, the action of the police in booking A on charges of "wilful negligent driving" is not lawful. The correct action would be to charge A for "driving under the influence of alcohol."
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Directions: Read the passage and answer the question that follows.According to Winfield and Jolowicz, Negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff. Essentials of Negligence are 1) Existence of legal duty to take care owed by defendant to the plaintiff; 2)Breach of that duty by failure of defendant to take such care as reasonable man would have taken; 3)As a result of that breach of duty, plaintiff has suffered damage.In Donoghue v. Steveson the appellant drank a bottle of ginger beer bought by her friend which contained the decomposed remains of a snail. She fainted and fell ill. In an action to recover damages, it was held that the manufacturer was liable to the lady for negligenceRes ipsa loquitur is a Latin phrase that means “the thing speaks for itself.”It is considered to be a type of circumstantial evidence which permits the court to determine that the negligence of the defendant led to an unusual event that subsequently caused injury to the plaintiff. Although generally the duty to prove that the defendant acted negligently lies upon the plaintiff but through res ipsa loquitur, if the plaintiff presents certain circumstantial facts, it becomes the burden of the defendant to prove that he was not negligent.This doctrine arose out of the case of Byrne vs Boadle(1863). The plaintiff was walking by a warehouse on the road and suffered injuries from a falling barrel of flour which rolled out of a window from the second floor. At the trial, the plaintiff’s attorney argued that the facts spoke for themselves and demonstrated the warehouse’s negligence since no other explanation could account for the cause of the plaintiff’s injuries.Defences available in suit for negligence are – 1) Contributory negligence by the plaintiff – it is based on maxim volenti non fit injuria; 2) Act of God; 3) Inevitable Accident; 4) Statutory authorityQ. The maxim Res ipsa loquitor is a

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Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer?
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Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle Wilful rash driving is an offence.​Facts A was driving his car after consuming liquor. The police books him on willful negligent driving. Whether the action of police is lawful.a)No, because this is not an act of negligenceb)No, because 'A' was not driving rashly and willfully, but he was driving in drunkennessc)Yes, because 'A' was driving rashlyd)Yes, because the police has power to arrest, if a person is driving after consuming alcoholCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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