Driving while using mobile phone is still punishable,

In a recent judgment the The Honorable high court of kerala made a ruling in favour of a petitioner, stating that there is no provision in Kerala Police Act , which is barring use of mobile  phone while driving a motor vehicle.The bench made it clear that Section 118 (e) of Kerala Police Act will not stand in this case,since the section deals with acts causing danger to public  or failure in public safety.The Bench observed that it is not  possible to invoke this section to prevent use of mobile phone while driving.

Use of mobile phone while driving a motor vehicle at public place is prohibited under  Motor Vehicles Act 1988.As per Central Motor Vehicles Rules ,21(25) , using a mobile phone while driving a motor vehicle,is a valid cause  for disqualification of Driving License ,u/s 19 (1) f of  MV Act1988.

In addition to this provision,when the manner of driving a motor vehicle at public place while using a mobile phone,is considered Section 184 of  Motor Vehicles Act as well as Sec 279 IPC are also attracted.

Punishments  Under  Motor Vehicles Act

As per the Section 19 (1) f,for offence like using mobile phone while driving a motor vehicle,the driving license of the driver may be suspended for a period,decided by the Licensing authority or revoke the license .The choice of punishment is the discretionary powers of the licensing authority,according to the merit of each case.In addition to these ,imprisonment as well as fine also may be fixed upon the offenders for detected offences. u/s 184 MV Act and 279 IPC.Awarding imprisonment is vested with the judiciary only.

Use of mobile phone,while driving, is  a distraction of mind of the drivers and treated as a strong source for occurence of road accidents, eventhough such instances are not properly booked.

The powers of Licensing Authority lies   with the executive officers of the  Motor Vehicles Department,of the region.The process of suspension  or revocation of license need  personel hearing of the offender.

Hence , keep off mobile phones ,while driving,because the existing law contain severe provisions aganist such offenders.