• Effect on govt job

Sir me ek soldier hu armed force me.leave prr tha jab meri car se accident ho gya jisme mere upar case file ho gya under ipc 304A 279 and 337. iss case se meri job k upar kya asar padega......
Asked 7 years ago in Civil Law

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11 Answers

Aap ki job par sab Asar padega,  agar aapko is case Ke Chakkar Mein Chale Jana Pade.

You should apply for anticipatory bail in sessions or high court under the provisions of section 438 CRPC. Anticipatory bail Milne Ke Baad aapko trial ke dauran, jail nahi jana padega.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can apply for and obtain bail from trial court 

 

2) you would not lose your job unless you are convicted by the court 

 

3) mere pendency of case would not affect your job 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Firstly, please note that all these offences, i.e., under Sections 279, 304-A, 337 and 338 of the Indian Penal Code require a rash or negligent act as an ingredient. These sections are reproduced below, and I have highlighted the rash or negligent words (or their cognate words):

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.”

304-A. Causing death by negligence.—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.”

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.”

338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous 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 two years, or with fine which may extend to one thousand rupees, or with both.”

In view of the above, mere proof of “high speed” may not be sufficient. To prove the above offence under Sections 279, 337, 338 and 304-A IPC, the prosecution is also required to prove that the car was being driven in a rash or negligent manner.

If proved for harsh driving than it may be order to pay fine.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Other than the section 304 a other sections are normal and will not affect your service in case punished under section 304 a and action as per your Army rule may be taken against you

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Sir apke job per jab he asar padega agar conviction hota hai to agar negligence prove nahe hote or conviction nahe hota to job per koe asar nahe pdaga.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

304/A, 279, 337  saare sections Bailable hai . turant aap bail ke liye apply kare aur apne head quarters ko iss case ke baare mein bata de to behtar rahega.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No impact unless until court held you guilty as the this has not been done by intention.Try to resolve the issue by mutual compromise as this the best option for you and is not against the law.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Abhi kuch nai hoga, dont worry. Drink to nai kar rakhi thi na.

Agar saja hui to job chali jayegi.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

aapke oopar disciplinary enquiry ho sakti hai.

kyuni ye apradh aapke job se related nahi hain isliye jaada khaas farak nahi padega. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client

case se kuch asar nhin padega uske decision ya outcome se padega. So wait for the conclusion.

adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

If convicted you may lose your job since the sentence will be more than two years.

 

Instead you may arrive at a compromise with the defacto complainant and arrive at a solution for this outside court and settle the matter.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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