What may happen for a death in accident case?
I was driving on NH6(golden quadrilateral). The speed was 100-120 km/h. It was a three lane road and I was cruising through the middle one. Suddenly a bike came from right side and was crossing the lanes without even looking back. I applied horn but he was having earphones on. I tried to save him and went to the left most lane and as I applied brake my car skidded and hit him. After that my car toppled 4 5 times on the bank near the road. We were safe but the biker died in spot. Now 304A, 279, 427 IPC are amended in my name. Is there any chances that I may be jailed? Please help me out and please advice how to get out of it.
Asked 3 years ago in Criminal Law from Kolkata, West Bengal
1. Yes you may be jailed for 2 years or more.
2. Since the case has been lodged you should immediately seek bail from the court to avoid being arrested and lodged in jail. So engage a defence lawyer immediately.
3. Was there anybody sitting with you in the car at the time of the accident? In the court you have to attempt to prove that the biker died due to his own negligence. Any eye witness account will be crucial to the fate of the case.
4. Apply for bail immediately.
The chances of you getting jailed are high since there is death due to rash and negligent driving. To prove that accident occurred due to negligence of the biker, the most important would be the report by the police and the statement of witness if any present at the spot. Since the FIR has been registered, it is advisable that you apply for bail from the court immediately.
Perusal of the FIR and the investigation being conducted needs to be checked for the advice on how to get out of it.
it is criminal case without seeing complaint/FIR and charge sheet would not give proper advise.But you have to produce proper defense.
1. You will be punished with jail term if the charges brought againstb you are proved,
2. Contest the case brought agnst you fittingly.,
3. Engage an experienced lawyer having expertise in handling criminal cases.
fight the case on merit with the help of lawyer.
the punishment is upto two years.
[304A. 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.]
try to settle the matter with the family members of the biker who died and settled the matter.
Advocate, New Delhi