Death by Negligence -- Bus Driver Acting on Conductor's Signal -- Driver moving bus on conductor's whistle cannot be held criminally negligent
(i) Indian Penal Code, 1860, S.304A -- Death by Negligence -- Bus Driver Acting on Conductor's Signal -- A driver who moves a passenger bus on receiving the conductor's signal to start is acting on duty-bound reliance on indicative instructions, and such conduct cannot be attributed as negligence. The driver is not expected to personally verify whether passengers have alighted, since regulating passenger movement is the function of the conductor. (ii) Indian Penal Code, 1860, S.279 -- Rash Driving -- Standard of Recklessness -- Recklessness requires conduct heedless of possible harmful consequences. Where movement of the vehicle is preceded by reliance on an external signal rather than disregard of consequences, such conduct does not amount to rash or reckless driving. Negligence or rashness cannot be presumed merely from the occurrence of an accident and must be proved through attendant facts.
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