The Kerala high court said that talking on the mobile phone while driving is not an offence, unless it can be established that it endangered public safety.
“There is no provision in the Police Act that bans people from talking over mobile phone while driving. Hence a person doing this can’t be assumed as one causes danger to the public,” the bench said.
“The court can’t rule that the person who speaks on a mobile phone while driving causes danger to the public. The assembly should pass an amendment to include these provisions in the Police Act to make it an offence. If the police had registered such cases in the state those concerned can approach the respective magistrate courts to quash their cases,” the bench added.
“There is no provision in the Police Act that bans people from talking over mobile phone while driving. Hence a person doing this can’t be assumed as one causes danger to the public,” the bench said.
“The court can’t rule that the person who speaks on a mobile phone while driving causes danger to the public. The assembly should pass an amendment to include these provisions in the Police Act to make it an offence. If the police had registered such cases in the state those concerned can approach the respective magistrate courts to quash their cases,” the bench added.