Section 123D: Causing death by careless driving when under influence of intoxicating drink or drugs

123D. Causing death by careless driving when under influence of intoxicating drink or drugs (1) If a person causes the death of another person by driving a motor vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and— (a) he is, at the time when he is driving, unfit to drive in that he is under the influence of an intoxicating drink or of a drug to such an extent as to be incapable of having proper control of a motor vehicle; (b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit; or (c) he is, within 12 hours after the time of the offence, required to provide a specimen in pursuance of section 123H, but without reasonable excuse fails to provide it, he 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) Section 153 and Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a person liable to be sentenced under subsection (1). [S. 123D inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003; amended by s. 5 of Act 23 of 2016 w.e.f. 8 December 2016.]