Section 123B: Causing death by dangerous driving

123B. Causing death by dangerous driving (1) Any person who causes the death of another person by driving a motor vehicle dangerously on a road or other public place, or at a speed, or in a manner, which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road or other public place, and the amount of traffic which is actually, or which might reasonably be expected to be, on the road or public place, shall commit an offence and shall, on conviction, be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 5 years. (1A) In the case of a second or subsequent conviction, the offender referred to in subsection (1) shall be liable to a fine of not less than 75,000 rupees nor more than 100,000 rupees and to imprisonment for a term of not less than 12 months nor more than 8 years. (2) If, upon the trial of a person for an offence under this section, the Court is satisfied that his driving was not the cause of the death, but is satisfied that he is guilty of driving as specified in section 123A (1), the Court may substitute the charge under section 123A for the charge under this section and convict him of an offence under section 123A. (3) Section 153 of the Criminal Procedure Act shall not apply to a fine imposed under this section. [S. 123B inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003; amended by s. 4 of Act 23 of 2016 w.e.f. 8 December 2016.]