• Bike accident resulting in injury

I was riding a motorcycle. A drunk person was crossing the road and was not in senses. I tried to avoid him but could not. My bike hit that person and he collapsed on the road. I immediately put him in a auto and transferred to hospital. His condition was critical and hence, I shifted him to another better hospital. Next day morning, when his condition was stable, I left the hospital. 
The police has filed an FIR on me. I got my bike back from the station but the police mentioned that a chargesheet will be filed in court. 
The bike is in my name, I had a valid licence and the bike has full insurance, 
What is the procedure to be followed? Do i need to attend court and face trial? What charges could I expect? How long could the process take.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

Hi, you have to appear before the court and you have to make plea guilty other wise you have to contest the case. It is all depending upon the nature of the offence they have mentioned in the charge sheet and on that basis you have to proceed further.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1) you would be charged with rash and negligent driving under provisions of section 279, 337 of IPC

2) 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.

3) 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

4) you will have to stand trial

5) deny that you were driving rashly and negligently

6) mention that victim was drunk and not in his senses

7) you would be acquitted if prosecution is unable to prove that you were driving rashly and negligently

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) wait for filing of charge sheet

2) contact a local lawyer

3) you can if you so desire plead guilty and pay the fine imposed by court

4) act as per your lawyer advice

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hi

If there is an FIR you cannot just go to court and pay a fine.It could be a charge for simple hurt or grievious hurt along wth rash and negligent driving.

First find out the sections charged in the FIR , consult a lawyer and do th eneedful to get bail. If the charges are not serious and depedning onthe court your lawyer will advice you to plead guilty and pay afine or not to plead guilty, take bail and go for the trial as per the provisions and proceedure.

dont ignore it if you dont appear in court will get no-bailable warrant.

Such condition you can either compromise the matter with the inured/complainant or take the trial and prove him guilty of contributary negligence while crossing the raod. The medical reports will show the inebriated condition of the injured . You can easily get aquitted of the charges in the trial.

You dont have to wait for the warrant to come ot you , If it is a petty case (depending on the charge) surely yours is not one , only summons will come .

Consult a lawyer , obtain FIR copy

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

you should file an application under section 457 of crpc for re-possession over the bike and take it away from police custody. thereafter you should appear before the court for deposit of fine or transfer of case before the permanent lok adalat. in lok adalat you can compromise your case and dispose of this case more swiftly and without interfere of advocate.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

What is the procedure to be followed? Do i need to attend court and face trial? What charges could I expect? How long could the process take.

The police may book FIR agaisnt you on the charges of rash and negligent driving, for injuries minor or major etc.

You may have to obtain anticipatory bail and face the trial in the court.

In the meantime you may arrive at a compromise with the injured person and try to get the case disposed at the earliest.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

The traffic police were sympathetic to my situation. One of the police person suggested that I should go to court as soon as the chargesheet is filed and pay the fine. He said I should not wait till the summons come. By doing this, he ensured that the case will be closed.

You should not go by the words of cops. If it was a petty offence you can go off with fine amount, but if the charges are severe, then you may be convicted to undergo imprisonment besides fine amount.

You may consult an advocate instead of the cops.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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