• Section 279/333 IPC

Respected sir,
 i am a civil of this country below the age of 18 holding learners licence i had given all the tests and also passed all the tests i was waiting for my licence to come during that period this issue occurred ,i had meet with an accident on road with a fellow rider we both got crashed but fortunately i didn't get hurt but the person got hurt,he is middle aged man,someone called the ambulance and i went with them and took him to the hospital and took care of all his expenses for two days and even gave him extra money but now the police have registered a case on me for rash driving and the juvenile court has send the summons for me to present at the court,what are the legal procedures etc, what should i do now??
Asked 4 years ago in Civil Law

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13 Answers

First of all engage an Advocate and plead not guilty before the court further there shall be trial by the juvenile board.

Further though the offence are not compoundable and since you are juvenile you cannot be jailed. Try that the second person compromise with you and be a hostile witness.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

are you sure police registered u/s 333 i think it is 338.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You should appear in court on date mentioned in summons

2) burden of proof is upon prosecution to prove that you were driving rashly and negligently

3) if you are below 18 you should not have been driving car or other vehicle

4) contest the case on merits

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

There is nothing wrong in the actions taken by the police.

Since you caused an accident during your minority when you were not eligible to rid a two sheller, the police has no other option but to book you for committing the crime.

As you are under age your trial would be held before the Juvenile Justice Board where the punishment is not incarceration in jail. SO thank your luck for this.

Engage a good advocate and defend your self. There is no other way out.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have to appear in Juvenile Court along with your advocate and you have to provide the proof that you are not juvenile and you are eligible for the valid licence which you have already acquired but not received as you had the learning licence which is now converted to a valid licence.

Section 279 is bailable offence but section 333 is different and is punishable and in this case you have to fight that your intention .

This is a cognizable offence ant arrest is required in this case as you are Juvenile that's why this arrest has not been made.

As soon as your case gets transferred to normal Court you have to arrange bail for yourself first

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. Since you just had learners license you could face a problem;

2. Try to settle the matter and pay the victim;

3. Go to court, with a lawyer and plead guilty and pay the fine, even if there is imprisonment, pay the extra fine for it;

4. Ask the court to suspend your license and not to imprison you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

Please engage a good lawyer and get good remedies, nothing will happen.

please refer the below law, it will help you

Will I get involved in a criminal case?

The accident will be considered a criminal matter if:

• You were driving rashly, so as to make it dangerous for others (even though you didn’t cause any injuries or death). This has jail time of up to 6 months, or fine up to Rs. 1000.

• Generally speaking, if you hurt or kill others due to your rash or negligent behaviour, you can be punished as follows:For causing minor injuries (hurt): Jail up to 6 months or fine up to Rs 500 or both.For causing major injuries like if the person is bedridden for more than 20 days (grievous hurt): jail of up to 2 years or fine up to Rs 1000 or bothFor causing death: Jail of up to 2 years or fine or both.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If your are of 17 years and holding a licence for driving then there is no problem if below 17 this may give problem so I suggest that to hire an advocate and go for the bail before the court don't avoid court proceedings.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Person holding a learner’s license can drive a vehicle on two conditions. One, the vehicle must have 
a ‘L’ sign both on the front and rear screens of the vehicle. Second, a permanent license-holder must accompany the learner’s license holder in the car when the learner is driving.

Well, in such cases,court release on paying penalty and juvenile court will order community service or something like this.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Since you have learner's license, you are supposed to drive being supervised by a license holder for teaching you learning.

2. You are not supposed to drive as a regular licensed driver with out being supervised.

3. You shall have to show that there was also a companion with you who is a licensed driver, to supervise your driving which was not rash at all.

4.Get some of your relative to volunteer to give evidence that he was with you to supervise your driving.

5. If you want the case to be disposed of quickly, you can plead guilty and get way with penalty of rs.1,000/- but evidence of being accompanied by a supervising driver is a must.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hi,

Whatever the case may be, you are suggested to be present before the court and plead in your favor and innocense.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the police has filed the case against you then you first obtain bail and face the trial in the court.

You may talk to the victim/complainant and arrive at a compromise when the case is coming for trial.

On the basis of compromise you can follow the further steps in this connection and get rid of this case

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You must engage an advocate and appear before the JJB at the earliest.

Do appear before the court

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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