Firstly, please note that all these offences, i.e., under Sections 279, 304-A, 337 and 338 of the Indian Penal Code require a rash or negligent act as an ingredient. These sections are reproduced below, and I have highlighted the rash or negligent words (or their cognate words):
“279. Rash 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.”
“304-A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
“337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.”
“338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.”
In view of the above, mere proof of “high speed” may not be sufficient. To prove the above offence under Sections 279, 337, 338 and 304-A IPC, the prosecution is also required to prove that the car was being driven in a rash or negligent manner.
If proved for harsh driving than it may be order to pay fine.