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A sessions court in a recent order acquitted a man booked on charges of using criminal force on a BEST bus driver during a road rage incident, observing that mere exchange of words does not constitute an offence under the sections.
On December 7, 2017, the BEST driver had said in his complaint that when was driving the bus in Sion, a car had taken a left turn to park. After the BEST driver overtook the car, he heard a crash at the back of the bus, he had said. The driver of the car came towards the BEST driver’s cabin, then entered the bus from the passenger door and abused the driver. The driver informed the police, and an offence under Section 353 (assault or use of criminal force obstructing a public servant from discharging duty) of the Indian Penal Code was registered.
The court said that the evidence showed that the incident took place over an argument as the bus had hit the parked car.
“It is seen that, on the grounds of the bus hitting the car of the accused, there was an exchange of hot words between the accused and informant (BEST driver)… As the accused was not travelling in the bus, therefore, there was no question for raising quarrel or abusing the informant with intention to obstruct the informant in his public duty. Moreover, mere exchange of words in connection with other aspects in no way constituted an offence under Section 353 and 504 (intentional insult) of the Indian Penal Code,” the court said in the order it passed on Monday.
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