Supreme Court Sets Aside Conviction Under Section 308 IPC, Imposes Sentence for Negligence in Bus Accident

In a significant judgment, the Supreme Court of India has set aside the conviction of the appellant, Abdul Ansar, under Section 308 of the Indian Penal Code (IPC). The Court found that the appellant’s act did not amount to an attempt to commit culpable homicide. Instead, the Court held the appellant guilty of negligence under Section 338 IPC for his role as a conductor in a bus accident. The judgment was delivered by Hon’ble Justice Abhay S. Oka and Hon’ble Justice Rajesh Bindal on July 5, 2023.

The case arose from an incident that took place in 2005, where the appellant, as the conductor of a stage carriage bus, rang the bell to start the bus while a passenger, PW-1 Josia, was attempting to board. As a result, PW-1 fell and suffered serious injuries, including a fracture of the pelvis. The trial court had convicted the appellant and another accused, but the High Court acquitted the second accused and reduced the appellant’s sentence.

The Supreme Court examined the evidence and found that the appellant did not have the intention or knowledge to cause death, as required for an offence under Section 308 IPC. However, the Court held that the appellant had acted negligently by failing to verify whether all passengers had safely boarded the bus before giving the signal to start. This act of negligence endangered human life and caused grievous hurt to PW-1. Accordingly, the Court modified the conviction to Section 338 IPC, which pertains to causing grievous hurt by an act endangering life or personal safety of others.

The Court imposed a sentence of six months of simple imprisonment on the appellant for the offence of negligence. Noting that the appellant had already served 36 days of imprisonment, the Court granted a set-off for the period already undergone. Additionally, the appellant was directed to pay a total compensation amount of Rs. 75,000. Out of this amount, Rs. 50,000 had already been deposited, and an additional sum of Rs. 25,000 was to be deposited within two months. Failure to pay the additional amount would result in one month of simple imprisonment. The Court further ordered that Rs. 45,000 of the compensation be paid to PW-1, with the remaining Rs. 5,000 going to the State Government.

This judgment highlights the distinction between the offence of attempt to commit culpable homicide and negligence. The Court emphasized the duty of a conductor to ensure passenger safety and held the appellant accountable for his failure to perform this duty diligently. The decision serves as a reminder of the importance of upholding safety standards in public transportation systems.

 Date of Decision: July 5, 2023

Abdul Ansar  vs State of Kerala         

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