• Accident case

I was driving my car on natiinal highway single Road suddenly one biker came in front after iver taking from front. Tried to save him and cut my car to right and went diwn to farm. The biker still git hit with my car there by damaging huse bike and multiple fractures. I went to nearest police station and the villager also reported this to police and FIR was lodged against me u/s 279, 337, 338 and summon was issue to me. I came to police station next day and after all was taken to court and i got bail. What will happen next.
Asked 4 years ago in Civil Law

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20 Answers

There's nothing to worry.

You may offer to pay out to the victim for the bodily loss suffered to him, besides the loss caused to his motorcycle and get the matter settled.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) burden of proof is upon prosecution to prove your guilt beyond reasonable doubt

2) if prosecution is unable to prove that you were driving car rashly and negligently you would be acquitted of the offence

3) 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.

4) 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

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

There is nothing much happened see what IPC Law says:

279- Irresponsible driving

337- For afflicting hurt on a third person

338 - Provision for fine

First thing first — Relax! Nothing major happened.

Of course, you should plead guilty and pay the fine or if it’s is possible, try to resolve it with the victim outside the court. It can be easily arranged with the help of local lawyers.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

All these sections are very normal to an accident case and is non cognizable and the bail is granted. This will depend on the report of the police in this case and presentation of the case from your side.

Hope for the good.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Exactly the same incidence took with my car where my driver was driving.

2. Despite taking the injured to Hospital, he reported the complaint to the police with the help of his office union leaders and the said three sections were put against the driver of my car whose name was not known to the police. They found my name and address after checking my car registration no.

3.You should also take the same step as I had taken to get out of the mess, which are given below..

a. take bail for the driver which you have already done.

b.negotiate with the IO for submitting charge sheet immediately (if submission of FRT is refused by him).

c. negotiate with the P.P. well in advance for not praying for harsher punishment if you plead guilty and

d. after being confirmed by the P.P. that he will not press for harsher punishment, plead guilty and in that case you are expected to be awarded punishment for paying penalty up to rs.1 k for each cases.

4. However, while following the above step you shall have to keep in mind that there will be a police record that you have committed an offence for which you have been punished and it might create problem for you while availing passport or while renewing it.

5. If you do not want to take risk, contest the case fittingly till it is disposed of in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Next there will be trial proceedings against you first charges will be framed then trial will start.If they are no eyewitness you can get out easily.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Now, please wait till the charge sheet is not filed then, they would call for plea bargaining where you would say that you are not guilty, and then trial would start.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

The police will conduct the investigation and will file the police report, if chargesheet is filed then the trial will commence against you.

However, you have the liberty of filing a discharge petition after the charge sheet is filed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may have to face the trial of the case but no need to worry you will be given a fare chance to defend your case.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

If your car is covered under insurance nothing will happen. Better you admit your guilt before Magistrate Court when charge sheet is filed and pay maximum fine of Rs. 2,500/- inclusive for all the above offences. For more clarifications call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The police have booked a criminal case against you.

For the present you may remain silent, let the police file charge sheet, you may compromise with the defacto complainant and settle the matter out of court after which the defacto complainant may file a memo before court seeking to compound the offence.

Or you can challenge the case on merits in your side and get acquitted

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

the case will move and you have to prove that you were not driving rashly

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Now you need to contest the case and get acquittal. The trial will commence and after that court will pronounce the verdict depending on evidence on record.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

in case victim dies police will file , the criminal case under Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence.

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The person is dead after 20 days. What next.

The police may alter the FIR with section 304A IPC and would proceed with further investigation on that basis. Nothing to be worried, it will be a routine affair only.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You have to take the regular bail from the trial court and have to proceed with the case.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

1. Do not plead guilty now in the changed circumstances.

2. Contest the case fittingly to prove that you are innocent.

3. Negotiate with the I.O. and try to get favourable police report which will be most important for you.

4. Thereafter contest the case picking out loopholes in the police report/charge sheet.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Now police may file fresh application for addition of charge under 304A ipc for death by rash and negligent driving... your attorney now needs to prove that the death was not by accident but due to other circumstances. Most probably you may need to take bail since its bailable offence depending on criminal rules of practice of your state.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Based on his disability you will have to compensate him. And based on that if u have insurance cover, can go for compromise unless you were in intoxicated state at that time which you have not mentioned.

Talukdar Foxwheel
Advocate, Guwahati
16 Answers
1 Consultation

4.9 on 5.0

Still the case will continue on merits and evidence you need to contest the same

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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