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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?
  • a)
    No, because Mr. Tiwari was not driving rashly; he was drunk while driving.
  • b)
    No, this is not a negligent act.
  • c)
    Yes, because Mr. Tiwari was driving rashly.
  • d)
    Yes, because the police has the power to arrest a person driving rashly.
Correct answer is option 'A'. Can you explain this answer?
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Principle: Willful rash driving is an offense.Facts: Mr. Tiwari was d...
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 drunkenness 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.
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Principle: Willful rash driving is an offense.Facts: Mr. Tiwari was d...
Understanding the Principle
The principle states that willful rash driving is an offense. This implies that the behavior of the driver must be both intentional and reckless, leading to danger on the road.
Facts of the Case
Mr. Tiwari was driving after consuming alcohol, which generally indicates impaired judgment and potential risk. However, the key aspect here is whether his driving was "rash" or simply negligent due to intoxication.
Analysis of the Police Action
- Option A: No, because Mr. Tiwari was not driving rashly; he was drunk while driving.
- The police's action of booking Mr. Tiwari for willful negligent driving is questionable because being under the influence does not automatically equate to rash driving.
- If Mr. Tiwari was driving cautiously despite being drunk, it may not fulfill the criteria for rash behavior. The focus on "willful" suggests intent to drive recklessly, which should be proven beyond just the presence of alcohol.
- Option B: No, this is not a negligent act.
- This option misinterprets the nature of intoxication. Driving under the influence is indeed a negligent act, but the charge here is specifically for "willful rash driving."
- Option C: Yes, because Mr. Tiwari was driving rashly.
- This option assumes that being drunk equates to rash driving, which is not a given without evidence of reckless behavior.
- Option D: Yes, because the police have the power to arrest a person driving rashly.
- While police do have such powers, the legality of the arrest hinges on the actual behavior of the driver, which must be demonstrated as rash, not merely negligent due to intoxication.
Conclusion
In conclusion, the correct answer is Option A as it emphasizes the necessity of proving that Mr. Tiwari's driving was indeed rash, rather than solely focusing on his intoxicated state.
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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?a)No, because Mr. Tiwari was not driving rashly; he was drunk while driving.b)No, this is not a negligent act.c)Yes, because Mr. Tiwari was driving rashly.d)Yes, because the police has the power to arrest a person driving rashly.Correct answer is option 'A'. Can you explain this answer?
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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?a)No, because Mr. Tiwari was not driving rashly; he was drunk while driving.b)No, this is not a negligent act.c)Yes, because Mr. Tiwari was driving rashly.d)Yes, because the police has the power to arrest a person driving rashly.Correct answer is option 'A'. 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: 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?a)No, because Mr. Tiwari was not driving rashly; he was drunk while driving.b)No, this is not a negligent act.c)Yes, because Mr. Tiwari was driving rashly.d)Yes, because the police has the power to arrest a person driving rashly.Correct answer is option 'A'. 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: 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?a)No, because Mr. Tiwari was not driving rashly; he was drunk while driving.b)No, this is not a negligent act.c)Yes, because Mr. Tiwari was driving rashly.d)Yes, because the police has the power to arrest a person driving rashly.Correct answer is option 'A'. Can you explain this answer?.
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