• 304a/279 IPC

Dear Sir,
18.11.2013 when I was worked as PWD Department, Mizoram Government as Muster Roll Driver, as instructed by the then SDO Vairengte area, me and my brother visited site and on our way back home, accidentally we collided with truck being parked on the roadside at around 7:00 pm when the day was dark. My brother passed away and Police charges me with R/W 181/196/179/177 Motor Vehicle and and 304A/279 IPC. As the deceased person is my brother, my family has no issues on the case but police and the court do not have any solution for my case till now. All the summon by the court were addressed and last time when i go to court, lawyer told me my luck and all of my files were lost but today, i got warrant of arrest letter again.
I the wake of my brothers death, i really want to stop the case and i want to stop receiving this call. What to do? What are the punishment for this. Please help me out
Asked 7 years ago in Criminal Law
Religion: Christian

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4 Answers

You have to contest the case on merits

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.

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

You have to deny that you were driving rashly

Section 304 A *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.]

Ajay Sethi
Advocate, Mumbai
94839 Answers
7566 Consultations

5.0 on 5.0

1.You are an accused person in this case and hence you can close this case.

2.It is a production warrant and you can very well appear and seek bail which would be granted.

3.Since the case is started it will end only when the trial of the case finishes.

4.Since the case delayed for sometime apply for speedy train the high court which will direct the trial court to finish the trial in a time frame manner.

Devajyoti Barman
Advocate, Kolkata
22844 Answers
491 Consultations

5.0 on 5.0

Whether the deceased is your own brother or a third party, if you have been charged under the offence you may have to appear before the court and defend yourself appropriately.

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.]

T Kalaiselvan
Advocate, Vellore
85039 Answers
2211 Consultations

5.0 on 5.0

You can't stop the case. When a FIR was lodged and charge was submit the police before court then only remedy to face the trial. The relationship is not a ground from escape from crime.

Section 304A in The Indian Penal Code says that 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.

This section deals with homicide by negligence and covers that class of offences, where death is caused neither intentionally nor with the knowledge that the act of the offender is likely to cause death, but because of the rash and negligent act of the offender. This clause limits itself to rash and negligent acts which cause death, but falls short of culpable homicide of either description. When any of the two elements, namely, intention or knowledge, is present this section has no application.This section applies to rash and negligence acts and does not apply to cases where death has been voluntarily caused. This makes it clear that there can be no circumstances when one’s act can be read into this particular section in order to avail him the benefit of not being charged under section 299 to 302 of the I.P.C.The ‘rash or negligent act’ referred to in this section means the act which is the immediate cause of death, and not any act or omission, which can utmost be said to be a remote cause of death. If an act is intended to hurt and injure a specific person or object, the perpetrator of the act must be imputed with an intentional act done with consideration and cannot amount to a ‘rash’ and ‘negligent’ act. It is imperative to note that there is difference between rashness and negligence. A rash act is primarily an overhasty act. Negligence is a breach of duty caused by omission to do something, which a reasonable guided, by those considerations which ordinarily regulate the conduct of human affairs would do.

Sec 279 says 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.

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

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