• Case against me under section 279, 337 of IPC

My car was hit by a speeding bike at Worli junction. The biker was not wearing a helmet, broke the signal and banged into my car, he was however not injured (very minor scratches). People at the scene however including traffic police were quick to point out that it was my fault since I was in a car even though I asked them repeatedly to check the CCTV footage that would have captured the entire incident.
The biker then called his family and friends and filed a case against me. The chargesheet was filed after 9 months of the accident whereas when I had asked for a counter FIR the cops told me that since I didnt have any injuries they couldnt file anything. I was charged under sec 279 and 337 and was subsequently let out on a bail of 5k Rs. I have a lawyer but I dont know if he is advising me properly.
1 year has passed and now I am going to request the police station to lodge a complaint against him as he has actually committed the offence. He however has got 10 witness statements filed in the chargesheet (some false probably) as he is from that area and his acquaintances were ready to help him. Whereas i was in my car with my mother at the time of the accident.
I wanted to fight the case the right way but have come to learn that it could take years, lots of energy and money. I am ready to give up seeing that this is how the system works.

I would like to know that if I plead guilty and since the accident wasnt serious, his bike was damaged, but so was my car, would it affect my future visa/job applications in any way? will it go on my record? this is assuming that once the trial starts the judge deems it the same way and only imposes a fine rather than a jail sentence.

How do I resolve this matter as soon as possible since he has technically filed a false FIR against me - 279 is non compoundable and 337 is but he may want compensation of above 50k which I refuse to pay since I am not guilty.
Asked 7 years ago in Criminal Law
Religion: Hindu

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2 Answers

1) the burden of proof is upon the prosecution that you were driving rashly and negligently

2) your statement and mother statement that biker was not wearing helmet , had broken the signal and banged into your car would help in proving that you were not at fault

3) CCTV footage would have made your case watertight

4) if police had refused to regsiter FIR against accused ytou should have filed private complaint before magistrate under section 156(3) to direct police to investigate and submit report

5) it is doubtful that any FIR would be regsitered afyter peiod of one year of the incident

6) you can cross examine the witnesses mentioned in charge sheet

7) if you plead guilty in your application for visa you will have to mention about your prior conviction under section 279/337 of IPC

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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I would like to know that if I plead guilty and since the accident wasnt serious, his bike was damaged, but so was my car, would it affect my future visa/job applications in any way? will it go on my record? this is assuming that once the trial starts the judge deems it the same way and only imposes a fine rather than a jail sentence.

The offence under Section 279 is cognizable, but summons should ordinarily issue in the first instance. It is bailable but not compoundable, and is triable by any Magistrate and summarily and the accused 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.”.

The provisions of section 337 are :

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.

Therefore the imminent danger is the court may decide to convict to pass sentence for 6 months imprisonment, then you cannot do anything about it, hence do not plead guilty.

Further since the section 279 is not compoundable, the defacto complainant cannot withdraw the complaint hence the trial has to be conducted.

On a out of court compromise, you may ask the complainant to turn hostile to the witness and get the case dismissed or acquitted in your favor. .

How do I resolve this matter as soon as possible since he has technically filed a false FIR against me - 279 is non compoundable and 337 is but he may want compensation of above 50k which I refuse to pay since I am not guilty.

You may advise him to seek compensation through MACT case and claim the same from insurance company.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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