Automated Cars, Electric Cars, Accident and Liability: Indian Laws
Autopilot aeroplane, the autopilot engine pulls the entire train. Surprising isn’t it! No human as a driver yet it flies, runs on the track, and even flies. Yes, with artificial intelligence this is possible. It’s already implemented. But today we will discuss only automated cars. Laws governing it and the liability in case of an accident. Tesla is likely to hit the roads in India. It’s an automated car. When it’s going to be part of our normal life, we must know what provisions of the law will be applicable to the crimes. In general Motor Vehicle Act, of 1988 is applicable to vehicles, licenses, crimes, accidents, etc. relating to vehicles on roads. We will limit today’s discussion to the area of accidents by self-driven automated cars. What are the laws which govern accidents by automated cars? First, we will see legal provisions under the Indian Penal code: Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. Section 279 in The Indian Penal CodeRash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Is offence cognizable under S279? The offence punishable under section 279 of IPC is a cognizable offence where the police have a right to arrest a person for an offence without a warrant, but such offences are bailable in nature and are triable by the Magistrate who is having the authority over the area wherein such offence has been committed. Now, what happens when an automated car meets with an accident? India: Motor Vehicle Act 1988 does not provide for an automated car. However, Section 2(9) says “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle. It means the person on the steering wheel is a driver and is an inclusive definition. But there is no provision for automated drivers. What is the difference between a vehicle and a motor vehicle? Vehicle means an Eligible Vehicle purchased by You being the vehicle specified on the certificate of insurance. Motor Vehicles means motor vehicles, tractors, trailers and other like property, whether or not the title thereto is governed by a certificate of title or ownership but does not include any vehicle or car operated on a rail or rails wither on or off […]
Read moreCAN THERE BE ORAL COPY RIGHT ASSIGNMENT? CAN COPY RIGHTS BE CLAIMED WITHOUT AGREEMENT?
Sections 18 and 19 of Copy Right Act 1957 is important for discussion. Let’s see provision of two relevant Sections. 18. Assignment of copyright.— (1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. (2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly. (3) In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence. 19. Mode of assignment.—[ (1) ] No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent [(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment. (3) The assignment of copyright in any work shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. (4) Where the assignee does not exercise the right assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment. (5) If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. (6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India. (7) Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.]] There is landmark judgment on this issue passed by Karnataka High Court. Judicial Views: In K.A. Venugopala Setty vs Dr. Suryakantha U. Kamath, Karnataka High Court it framed question on oral agreement for Assignment and held that, “from the aforesaid provisions contained in S. 19 of the Act, it is clear that assignment of the copyright must be in writing and signed by the assignor or his duly authorised agent. In addition to this, the assignment must in clear terms state the rights proposed to be assigned and the size of the work. […]
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