Pranav B Prem

The Punjab & Haryana High Court ruled that performing stunts on public roads, which result in fatal accidents, constitutes culpable homicide under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), rather than mere death by negligence.

Case Background

The case stems from a tragic incident on October 26, 2024, in Amritsar, Punjab. According to the complainant, Dalbir Singh, his grandson, Warispreet Singh, was taken from their house by Lakhbir Singh (the petitioner) and his associates, Gurjant Singh and Karan Singh. The group engaged in stunts on a public road near Gehri.

Gurjant Singh rode a motorcycle with Warispreet as the pillion rider, while Lakhbir Singh operated a modified Ford tractor. Witnesses reported that Lakhbir performed a dangerous stunt by lifting the front portion of the tractor into the air. In the process, Gurjant suddenly applied brakes on the motorcycle, causing the tractor to lose balance. The tractor's front section tipped over and struck Warispreet, resulting in severe injuries.

Despite efforts to rush Warispreet to the hospital, he succumbed to his injuries en route. Subsequent investigations revealed that the tractor had been illegally modified to enhance its acceleration and performance, which contributed to the incident. This reckless behavior and disregard for public safety led to the registration of an FIR against the accused under Sections 100 (culpable homicide) and 106 (death by negligence) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's Observations

Justice Anoop Chitkara dismissed the bail plea, emphasizing the seriousness of the act and its implications for public safety. Key observations from the judgment include:

“When someone does stunts on a public road, endangering public safety, and when the motor sport is not being conducted with the knowledge of the traffic control authorities and ample time has been given to them to take preventive steps, the acts of public stunt, it leads to death would fall in the definition of culpable homicide and if death is not caused then an attempt to cause culpable homicide and such acts would not fall only under section 106 BNS [Analogous to 304-A IPC, 1860] because of the requisite knowledge that such an act is likely to result into death or cause death.”

1. The accused were aware of the potential risks involved in performing stunts on a public road with a modified vehicle. The court highlighted that such actions demonstrate a callous disregard for public safety.

2. Under Section 100 of the BNS, an act causing death with the knowledge that it is likely to result in fatal consequences qualifies as culpable homicide. The court found this definition applicable to the case.

3. The court stressed that taking a lenient stance on such reckless behavior would make public roads increasingly dangerous for pedestrians and two-wheeler riders, who already face the highest casualty rates in road accidents.

4. Evidence showed that the accused had modified the tractor with a turbo pump and enhanced acceleration, further increasing the danger of their actions.

Court's Decision

Rejecting the plea for anticipatory bail, the court emphasized the need to treat such acts with severity to deter similar incidents. It was held that the actions of the accused went beyond negligence and fell squarely within the ambit of culpable homicide.

Cause Title: Lakhbir Singh @ Lakha v. State of Punjab

Citation: 2024:PHHC:172012

Case No: CRM-M-60875/2024

Date: December-19-2024

Bench: Justice Anoop Chitkara

[Read/Download order]