• Resolution for Road Accident FIR under Sec 279, 337 & 338 IPC.

Met with a Bike accident on highway at night. A car speeding next to me I lost my balance and fell. Went unconscious and fellow people helped me get up. They called police, took me to a govt. hosp. for first aid.
 
I returned back home, and was advised to be hospitalized. Police came to the hospital (Assuming an intimation that would have gone from the hospital since it was a road accident) and wrote about the incident. They mentioned there was a person walking on the road who got injured from my bike and has filed an FIR under Sec 279,337 and 338. 

The police is saying would have to come to the police station or else they would do an arrest Warrant. How to I move forward in this. Since the accident my bike is at the police station.
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) sec.279,338 IPC deals with rash and negligent driving

Section 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."

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both

The offence is Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

. The main ingredient of section 279 of IPC is rash driving in publc way.

2)section 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.

Under section 337 driving rashly and endangering life and safety is punishable

It is compoundable offence

3) apply for bail . you have to contest the case before trial court

4) it has to be proved by the prosecution that the accident was caused due to the rash and negligent driving by the accused

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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1. Since FIR is already registered then you can not escape from it any further.

2.So now you will have to first appear and seek bail.

3. in such cases getting bail is not difficult.

4. Once bail is granted there is not much left in the case and then you can wait for commencement of trial.

5. if the case is false then quashing is good option.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) since FIR is registered against you police could conduct investigations and file charge sheet

2) prosecution has to prove that you were driving rashly and negligently

3) you would have to attend court on each date of hearing

4) you can travel abroad with court permission

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Fees of a lawyer varies and there is no fixed charge fot his.

However anything between 5-10k should be considered reasonable.

In trial your presence of day to day basis is not compulsory.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The police is saying would have to come to the police station or else they would do an arrest Warrant. How to I move forward in this. Since the accident my bike is at the police station.

You may visit police station and get yourself enlarged on police station bail.

You have to cooperate with the police for investigation

After getting enlarged on bail, you may retrieve the bike from the police station

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Wanted to understand the Bail charges so am conned or otherwise.

What would a trail mean and manner in which this would close the case. If its involves Court visits or Police visits but ensuring once the closure happens its complete and no further actions needed at my end on this.

The cost for getting enlarged on bail would depend on the advocate who yo would engage.

Of course once the charge sheet is filed, then you may have to attend the court on each and every date the case is posted for hearing.

Also my bike is at the police station and wanted to know when can I get it collected. Does this anyways affect my Foreign plans for future.

If it is not held as court property then you can get it retrieved from police station.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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