• Accident case

While a green signal my brother took a u turn... After taking u turn a pedestrian came out from the dividing footpath n came in front of my brother car and met with an accident... She fell on the windshield... Car windshield got totally damaged... As a responsible citizen my brotger took her to the hospital signed the papers took the responsibility and started her treatment... By the time our family reached and called her family.. We were there and paid for her initial treatment.. By the time her family reached and we talked to them n narrated the whole scenario. All her test came fine...got one minimal fracture in knee.. Her jaw got 3 stitches and front three tooth of upper jaw are broken.. Initially they said they are ready to compromise and they Said pay for other over head expenses and all of a sudden they got adamant For FIR... MY BROTHER IS JUST 18 YEARS ...can u Plss advice us on the legal proceedings and maximum Punishment . And yes were although there till the time we didn't assure girl is safe and sound
Asked 6 years ago in Criminal Law
Religion: Hindu

6 answers received in 1 hour.

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21 Answers

Firslty, Sir, I can understand the situation in which you have approached us over Kaanoon.

Secondly, I advice you to not to get panic, and get all the papers with you, everything that you paid in the hospital.

Thirdly, if not then also Hospital records can be easily available which shows that being a responsible citizen you took care of her.

Fourhtly, if they happen to file any case then as per my understanding it will be compounded before the judge.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Case would be filed against your brother under section 279 , 337 of IPC for rash and negligent driving

2) your brother should plead not guilty

3) burden of proof is upon prosecution to prove allegations made in complaint

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Since your brother had driving licence , car registration, insurance papers he should contest case if any filed against him

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

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.

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.

Now, Sir if you go by it then these are the bailable offence for which your brother can’t be arrested.

But, yes you may have to face the trial.

And if you go by it language it says any public way, but road is the public way on any vehincle as per its interpretation.

So, don’t worry your brother will be out of it.

You can consult me throughout a Kaanoon to avail my services.

Thanks for reply.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

And also not necessary that your brpther may be convicted as if we able to prove we’ll then only fine will be imposed.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You should have first consulted your lawyer. Anyway, now do not worry much as offences Under Section 279 and 337 are minor ones. even if you are convicted you will be under circumstances of the case will be charged with fine of Rs.1500 and may even be released on admonition(warning). Additionally if you received any threats for money from the other party you may yourself lodge criminal complaint against them. Hire a good local criminal lawyer..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This is my response to you:

1. Since you drove at a green signal then you have nothing to worry;

2. If possible collect all evidences in your favour, like video recording of that signal, witnesses;

3. The possible scenarios are like a criminal case can be filed in the trial court and also a case before the motor accident tribunal for compensation;

4. In the trial court take anticipatory bail because you have done no harm;

5. Also in the motor accident tribunal case, the opposite side will approach the tribunal for compensation from your insurance;

6. Also try to compromise and ask the other side to settle the matter and should not pursue the criminal matter;

7. Also collect evidences of the fact that you did initially take her medical expenses;

8. Take precautions and engage services of a criminal lawyer immediately.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

s.279-punishment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

s.337-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 should file a petition for FIR quashing. these are compoundable offences, therefore try to negotiate with the victims family and pay the agreed amount.

regards

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

1. First of all engage one criminal lawyer no needs of senior lawyer as offence is bailable in nature and then take bail from the court.

2. Then file release petition of vehicle along with other relivent paper.

3.collect evidence what is in your favour such as cctv footage if available , medical paper on which your brother signed

4.let police file chargesheet.

5.following is provision in law...

A.Section 279 in The Indian Penal Code

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.

BSection 337 in The Indian Penal Code

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.

6. Further There is no needs to pay any amount to victim as your vehicle is insured let them claim from insurance company.

Santosh Kumar Singh
Advocate, Dhanbad
8 Answers

Not rated

If CC TV footage or any eye witness available, u can initiate action against informant of FIR (against your brother) including police for malicious prosecution and also for compensation against state government. If you are not interested for such action, ur brother easily can come out from the case.

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

Not rated

Sir in the offence of 279 and 337 ipc the negligence has to be proved by the prosecution if there was green signal and it was not mistake on his part. So onus is on them. So brother should plead not guilty and further try for compromise.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further all the documents are available in case they fule for compensation the insurance company shall pay.

Further keep the receipts of the hospital bills given. And in statment brother can record that in green light the lady negligently came in front of his vehicle.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further file for FIR quashing so that brother has not face trial donor worry he shall not be punished. File for quashing and take stay in trial so he don't have to go in trial.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Keep all the record of medical expenses and reports with .... To avoid arrest file anticipatory bail application and contest the matter..... Minimum sentenced will b upon the judge

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

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.

2) 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
95146 Answers
7597 Consultations

5.0 on 5.0

It depends on the police investigation and final report submitted to the court. The maximum punishment under both the sections is six month impresionment and Rs1000/- penalty or both.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Max punishment in this case would be 6 months.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Dear Client,

offices in booked for causing hurt which is not grievous in nature,case can be withdrawn by settlement between the parties or JURM SWIKAARI - court will release on paying penalty - max. 5000rs.

Yogendra Singh Rajawat
Advocate, Jaipur
22698 Answers
31 Consultations

4.4 on 5.0

If at all they are insisting on compensation, you may ask them to go ahead with the FIR and claim compensation from Insurance company through MACT.

For getting compensation through MACT, FIR is mandatory

When the criminal case is coming for trial then you ,may negotiate the terms for compensation and not now because their demands will be very high now .

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

While accident he was having vehicle Registration, insurance papers and driving license also

This will be useful for a claim through Insurance company, by an order of MACT

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

Sir dey have filed an FIR under section 279 and 337 ipc... Can u adivice me the penalty.. And my brother is 18 + ..he is having driving license which has been seized as of now.. While accident all relevant documents were dere in the car which included RC as well as insurance

Section 279

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.

Section 337 in The Indian Penal Code

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.

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

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