Clause 6

A person (X) commits an offence if —

X drives a motor vehicle on a road in such a manner which endangers the life or safety of any person (whether or not the person is in a vehicle);

X drives in that manner for the purpose of endangering the life or safety of a particular person (Y) (whether or not Y is in a vehicle); and

death or grievous hurt is caused to any person (whether or not the person is Y and whether or not the person is in a vehicle) by the driving of the motor vehicle by X.Illustrations (a) A is driving a motor car on a road. B is driving another motor car in front of A. A manoeuvres A’s car in front of B’s car and brakes suddenly. This endangers B’s personal safety. A does so for the purpose of endangering B’s personal safety. B loses control of B’s car and crashes into C who is riding a motor cycle. C dies as a result. A is guilty of an offence under subsection (1). (b) A is driving a motor car on a road. B is riding a motor cycle in front of A. A drives closely behind B and presses A’s car horn several times. This endangers B’s personal safety. A does so for the purpose of endangering B’s personal safety. A loses control of A’s car and collides with the back of B’s motor cycle. B crashes and dies as a result. A is guilty of an offence under subsection (1). (c) A is driving a motor car on a road. B is riding a motor cycle on the same road. Both parties start racing with one another. A swerves into B’s lane for the purpose of endangering B’s personal safety. This endangers B’s personal safety. B fails to take evasive action and collides into A’s car. B is thrown off B’s motor cycle and dies as a result. A is guilty of an offence under subsection (1).(2) A person who is guilty of an offence under subsection (1) —

shall on conviction be punished with imprisonment for a term not exceeding 15 years; and

in addition, shall be liable on conviction to a fine or to caning, or to both.(3) A court convicting a person of an offence under subsection (1) is to order that the person be disqualified from holding or obtaining a driving licence for life, starting on the date of the person’s conviction, unless the court for special reasons thinks fit to order a shorter disqualification period that is equal to or longer than 10 years.(4) Where a person is convicted of abetting the commission of an offence under subsection (1) and it is proved that the person was present in the motor vehicle used in the commission of the offence at the time of the commission of the offence, the person is, for the purposes of sections 42(1)(a) and 44(1), deemed to be a person convicted of an offence in connection with the driving of a motor vehicle. (5) Any police officer may arrest without warrant any person who has committed or is committing an offence under subsection (1).(6) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try an offence under subsection (1) and has power to impose the full punishment specified in this section.(7) In this section —“disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under subsection (1), means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence;“grievous”, in relation to hurt, has the meaning given by section 320 (except paragraph (aa)) of the Penal Code 1871;“hurt” has the meaning given by section 319 of the Penal Code 1871.”.