Talking on Mobile phone While Driving is Not an Offence says Kerala HC

The Kerala High Court has ruled that if talking on the phone while driving doesn’t endanger public safety it is not an offence as per the Kerala Police Act Section 118 (E).

The court said the Police Act Section 118 (E) will be applicable only when someone’s action endangers public life or causes an accident.

The ruling by the division bench comes on a petition filed by Kakkanad resident M J Santhosh who was booked by the police under the section for talking on the phone while he was speeding.

Since the Act doesn’t cover using a phone while driving as an offence, no action can be taken against the driver, it said.