• Admission under IPC 337

I happened to involve in an accident. am driving car and victim on bike. i hit bike, guy got injured. i called 108 and report to PS along with car. this guy filed case and i was booked under ipc337. and also they filed petition for insurance claim. my lawyer advised ADMISSION and says case will be closed with fine of 500rs and he promises that victim will get money from insurance. 
1. If i admit what will be the consequneces?
2.If I admit does victim though got money from insurance will again file for compensation?
3. any other case follows or am out of pressure?
Please guide me.
Asked 1 year ago in Criminal Law from Nalgonda, Telangana
Religion: Hindu

Your case not outcome of intention as such result of this case does not affect your career as such you no need to worry about admission in your case

Konda Srinivas
Advocate, Hyderabad
208 Answers
2 Consultations

Not rated

If you plead guilty to the offence, you'll 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.

You can't risk pleading guilty in any case where is a chance of jail time involved as the apex court, on several occasions, deprecated the practice of awarding only flea bite sentence, when vehicular traffic is registering galloping growth. The Supreme Court had held that if such rash or reckless drivers are let off by sentencing them only to fine, it would have no deterrent effect. The judicial discretion is a "discretion which is informed by tradition, methodised by analogy and disciplined by system". The court cannot turn Nelson's eye to the imperative of awarding the sentence commensurate with the gravity of the offence; especially taking note of the severity of rashness, the degree of carelessness and also the seriousness of the consequences which followed.

Therefore pleading guilty would be a very big mistake as it would be very difficult as well as a very tedious and expensive process for the complainant to prove his allegations. So, better contest the case rather than pleading guilty.

Siddharth Jain
Advocate, New Delhi
4981 Answers
55 Consultations

5.0 on 5.0

1. See pleading guilty in such case wont be beneficial as after you plead guilty it is on discretion of the court the court can award imprisonment extending up to 6 months along with fine as it is judicial discretion no settled law that you will be fined and can be given a walk away from jail, further in case you contest the case it would be on prosecution to prove that you were driving rashly and negligently. Also SC has times and again stated that pleading guilty doesn't give any benefit to the accused the court on its discretion can give punishment.

2. further if you plead guilty in the compensation case the insurance company can take a defence that it was you who drove rashly breaching terms of the insurance the company is not liable and you are so you can be made liable too for compensation.

3. it would be better if you settle outside court with the boy injured and get the FIR quashed from high court.

Shubham Jhajharia
Advocate, Ahmedabad
20930 Answers
81 Consultations

5.0 on 5.0

1. Court may convict you and let you go with fine.

2. Yes, victims may get the money from insurance. Once the money paid by insurance company, the victim cannot file another case.

3. didn't get your third question.

Please follow the advise of your lawyer, who is handling the case.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. If i admit what will be the consequneces?

Ans: It will amounts to conviction and it carries all consequences attached to it. But in most cases not consequence will be there as it would not be known to anybody.

2.If I admit does victim though got money from insurance will again file for compensation?

Ans: No, the insurance company look out of pay the compensation .

3. any other case follows or am out of pressure?

Ans: You can just contest and get the complaint and witnesses turn hostile then court will pass judgment of acquittal.

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 lawyers.

Secondly, coming to the point—When you fill up the form— they do ask in a certain section if you’re convicted in an offence. If you are — then you mention it and fill in the details. Easy.

Be aware of this section

Section 210 in The Motor Vehicles Act, 1988

210. Courts to send intimation about conviction.—Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to—

(a) the licensing authority which issued the driving licence, and

(b) the licensing authority by whom the licence was last renewed, and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed.

Kishan Dutt Kalaskar
Advocate, Bangalore
4694 Answers
134 Consultations

5.0 on 5.0

Dear Cleint,

Admitting is no big deal as mere fine of Rs. 500 but this way you will held guilty of offense which may create obstacle if any time police verification will needed for any process like VISA, jobs etc.

Sec 337, minor injuries.

1. If i admit what will be the consequneces?

2.If I admit does victim though got money from insurance will again file for compensation? - Insurance claim paid by Insurance company , third party claim but hope u had car insurance.

3. any other case follows or am out of pressure? - No other case.

Yogendra Singh Rajawat
Advocate, Jaipur
14625 Answers
19 Consultations

4.6 on 5.0

on perususal of your statement , you admited before the police and you have called 108 sent hospital for trement of the injured when such being the case if admit the guilt nothing will happen becuase you have not hit victim intentionally but it is unexpected incident taken place .The victim can file compensation from insurance company if the insurance policy is in force and valid at the time of accident . supose if the policy is not in force then the laibility will be fixed on you and you have to bear the compensation. otherwise there is no presure as such . .

S R Thulasiram
Advocate, Bangalore
8 Answers

Not rated

Dear,

It's a pity offence in the eye of law, so don't worry.

1. Yes admit it.

2. No he will not file any case.

3. You are out.

Your lawyer suggested you right don't worry

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You must be having third party insurance

In case of accident insurance company pays compensation to victim

3) you can pay the fine imposed on pleading guilty

Ajay Sethi
Advocate, Mumbai
69071 Answers
4155 Consultations

5.0 on 5.0

1. The imposition of fine in place of conviction is the discretion of the Magistrate.

2. if there is no injury report then admission may entail fine only and no conviction on the ground of admission of guilt.

3. The entitlement of victim to get compensation from insurance company will depend on physical injury. If there was no major injury there is no question of compensation to the person though the damage of car would be insured.

3. So consult other advocate as well to cross check the version of your present advocate.

Devajyoti Barman
Advocate, Kolkata
18132 Answers
260 Consultations

5.0 on 5.0

1. Let your car-insurance co. handle the legal aspects of the case. Since your car is comprehensively insured, the insurance co. will pay to the victim, whether you confess or dont confess.

2. EVEN if you confess, it will be on record for ever. Let it go on trial and do not say anything that is adverse to you, irrespective of any facts, whatsoever. Bikers, as usual are rogue & rough drivers.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2854 Answers
16 Consultations

5.0 on 5.0

Hii

U/ S of 337 of Ipc

Causing hurt by act endangering life or personal safety of others:

Causing hurt by rash or negligent act endangering life or personal safety of others has been made punishable under this section.

For which the punished with simple or rigorous imprisonment for a term extending up to six months, or with fine extending up to five hundred rupees, or with both.

So even if you don't admit in this case and if it heard and proved later then the results of punishment would be same with fine and punishment of six months maximum.

Better to hire a good experience criminal lawyer who can save you from all the angle and end up only with the fine.

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

1. If i admit what will be the consequences?

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 you can admit, pay fine and get out immediately instead of stretching the issue without any use.

2.If I admit does victim though got money from insurance will again file for compensation?

Yes, he can claim insurance compensation from the insurance company based on the merits in his own case, you will not be troubled in it.

3. any other case follows or am out of pressure?

Once you admit your case, then after paying fine you will be out of the case

T Kalaiselvan
Advocate, Vellore
58915 Answers
747 Consultations

5.0 on 5.0

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