Sec 338 is serious, hire lawyer.
Case has been files against me as it is accident case it is necessary to appoint a lawer/advocate for my side or I can directly go to court I don't what to do What I will be the fine how long it will take to finish the case
You have been accused of rash and negligent driving
engage a local lawyer to appear on your behalf
burden of proof is upon prosecution to prove allegations beyond reasonable doubt
You can represent yourself in the court but it is better to engage a lawyer as he is better equipped to handle your case.
The fine and punishment would depend upon the seriousness of the accident the injuries involved the financial status of the injured and many other things.
Regards
HI,
You have not mentioned the complete facts of the case. In case you are unable to afford a lawyer, you may represent the same to the Court and a lawyer from legal aid/legal services authority will be provided to you to defend the case. In all the circumstances, you are suggested to contest the case strongly and never accept your fault.
Sir
If you are willing to admit the offense, court may impose fine up to RS.2500/- for all the three sections and at the same time imprisonment may also be imposed as offense under section 338 of IPC is also there for causing grievous hurt. It's all depends on the judge dealing with the case. So better engage a counsel who can advise you properly
In your own interest, it is better to engage a lawyer in your defence. While Sec-279 deals with rash and negligent driving on a public highway, which entails six months' jail term, if convicted, the other two Sections, 337 and 338, dealing with endangering life and causing grievous hurt, are harsher and more severe. Fine or imprisonment is entirely at the discretion of the court. In the circumstances, it is advisable not to take any risk.
sections mentioned are not harsh and the court can impose only fine upto Rs. 1000/- if found guilty but better to hire a lawyer instead of approaching directly,
except for this case, the victim must have filed compensation case against you (driver), owner and insurer of the vehicle,
I advise you to engage one prudent counsel to defend your case.
the case will take 2-3 years till disposal
1. In criminal case it is not wise to contest or participate in it without engaging an advocate as a layman is not expected to know the procedure or the escape route in such cases.
2. So do engage an advocate for our choice and do the needful.
It is advisable to engage the services of an advocate to handle the case because of the legal formalities involved in the case, the case may run for one to two years depending on the burden on the court.
Actually the case is I have hit. a man whose age will be around 45 years he fell down on the road and went unconscious at that time he was drunken even the police knows that he was drunken after treatment he came back conscious , FIR has written that is it my biker fault , but he was not stready while he is crossing a national high way and I couldn't able to control even I got wounded and left arm got air crack after a week I went to PS and got station bail and got my bike after RTO test ... This is the case incident
Your defence should be victim was drunk and was swaying while crossing the highway and suddenly came in front of your bike resulting in accident
I have already advised to engage an advocate who on perusing the FIR can give you the advice on next course of action to be taken.
Then you please engage the counsel and proceed with the case that you are not at fault and as such the very case against you is illegal for the reason that the accident was not due to your negligence.
Because section 338 is invoked, normally courts will not just impose fine if the offense is admitted, that's why I advised you to engage counsel
Hi,
You are suggested to engage a counsel of your own or through legal aid who will let you know the intricacies of laws and complications of the case. If you are yourself able to handle the case yourself, you are not required to engage a counsel. In all the cases, plead not guilty and put burden on police or victim to prove the case. Also, the insurance company will pay for the damage if any.
It's alright, but it is advisable that you engage the services of an advocate who will manage the situation and get you acquitted.
Yes you can contest the case don't worry you will be acquitted. If you want to settle you can also do that
in this case you need to look upon the stage of the case. However you can hire a good lawyer and comply with the terms of the summon. You may also prepare to file an appropriate reply to the case and can also prepare other required documents for the defence in the case
Please engage a lawyer first, in your defence. If you were driving a duly registered vehicle, with a valid driving licence, within the prescribed speed limit on the highway, in the correct lane, all these facts would come to your rescue. As for the victim, you have to prove he was under the influence of alcohol at the time of the accident, by calling for the blood test report.
The police will call you and on the day of appearance before the court admit the offence and pay the fine.
Regards
G.Rajaganapathy
Dear sir
You need to appoint a lawyer for the case as it is criminal case
In this case if you will be convicted then in
Section 279 IPC punishment for rash driving
Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—
Section 337 causing hurt by act endangering or personal safety of others
Punishment -Imprisonment for 6 months, or fine of 500 rupees, or both—
Section 338 causing grievous hurt by act endangering or personal safety of others
Punishment -Imprisonment for 2 years, or fine of 1,000 rupees, or both—
In case of punishment you can be released on probation on basis of no previous criminal record.
I would advise you to appoint a lawyer to defend your case. If you cannot afford a lawyer government lawyer would be appointed to you. You cannot represent yourself.