Hello, This is the second time I am reaching out to seek legal advise. I first reached out 8 months ago when I met with an accident and fir was raised against me with 337ipc. A biker crashed into me taking a right and faced injuries. He was hospitalized and fully recovered. Meanwhile his uncle raised an FIR mentioning that the victim was taking a U turn whereas the fact is he was taking a right turn on a highway and came in front of my car. There was a camera installed and I ask police to check for evidence but the camera doesn't work. Basically there is no evidence in this case. I recently got a call from police that chargesheet has been filed with 338ipc (haven't got a copy yet) because police told me the law always supports the injured person and thats how it is in india. Police said i can compromise with the victim at 'lok adalat' court and close the case. The victim demands 50k. Earlier I already advised them i have insurance and u can claim your medical Bills. But they used their own insurance and now say they have not got their insurance amount and they want me to pay 50k to compromise. I refused, and case is now pending for trial. My questions are as below: 1) An urgent suggestion - 2 months ago I applied for tourism visa for vietnam and I got it approved. Now am flying day after. Now that the chargesheet has been filed, will I be deported by the immigration officers as case is fully recorded and will show up in their system? Its 2 weeks travel for tourism and I have all documents with bookings/return ticket. 2) police advised me you can say guilty when called upon to court. It will be a mere fine and you will be free. 338 ipc will not impact your future plans/travels/visa etc. Do I contest the case through an advocate or pleading guilty is better option.? I will never be ready to pay 50k to victim's demand 3) There are no evidences whatsoever. Do I still have chances to win the case? Is it true that court favors the victim because of injuries and ignore the accused as i do not have any real evidence that I am not guilty?
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1) This case will not have adverse effect on Visa which is already granted to you. So you can travel to Vietnam.
2) I would not suggest you to go for confession as this will be a record for lifetime that you were convicted in that case even if it is only a fine.
3) No court doesn't always favour victim
4) Burden of proof always be on the prosecution to prove their case and prove that accused committed the offence for which he is facing trail.
1. The immigration department will not stop you from travelling abroad until there is an order of court restricting you from travelling abroad and this has been passed on to them through police.
You can conveniently travel abroad and return safely.
2. The provision of law under section 338 IPC is given below:
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.
3. You can get acquitted by the skill of a talented lawyer who will protect your interests with his argument skills.
If the charge sheet has to be filed you have to be present in the court on the next date. You can file an exemption application through an advocate.
Don't listen to the police. They are fools.
Engage a lawyer and fight this case.
1) you would not be deported as there is no LOC issued against you
2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
3) it has to be proved that you were driving rashly and negligently
4) if you don’t want to plead guilty engage lawyer and contest the case
You actually do not need to compensate him personally. Court will fix the compensation amount which insurance company will pay.
It is an accident. So no one is a criminal.
Engage one lawyer to prove this in court.
Minor case, even if you will accept guilt, court will release you by paying fine up to 1000 rs. Don`t go with police advise, hey will only complicate the issue - Idiots.
Neither bother about compromise, they must have realize the insurance claim and only taking advantage of situation.
You submit application in court for discharge along with application for production of CCTV footage. Rare possibility that camera not working or until police submit this in written.
If footage available, you will be discharge as innocent.
No deportation, minor issue, just appoint some advocate, he will represent you in court but on the date of charge sheet, you need to be present in court.
Don`t accept guilty, wait some time or wait for CCTV footage.
Police must have prepared mechanical and spot report, find defense in that.
1. No you will not be deported back in this case.
2 contest the matter, see either settle outside the court and get matter settled but don't plead guilty in this.
3. Yes you have good chance to win since there is no evidence it is on prosecution to establish the case.
1. While it is true that 337 IPC attracts penalty of 500/- and the matter can be closed permanently without any further hearing. HOWEVER, this would depend on the "objection (if any)" by Police AND by the injured biker. Engage an lawyer, IF pleading guilty, since he can manage the show, more so since there is a provision under 337 for upto six months of imprisonment.
2. IF you do not have any evidences or IF you cannot produce any evidences at stage of Trial proceedings, THEN logically to save yourself of various types of harassment's and stress, IT is better to settle and free from such legal hurdles, since all these things impacts life, family & career.
3. You can travel abroad after engaging a lawyer who will represent you in court, till your return and other proceedings.
4. Indecently you have to arrange for only one person, as witness to testify that the biker (at that date & time) was rash, negligent, over-speeding and not following traffic rules, riding on wrong side etc....
1. No
2. Don't plead guilty else they will convict you.
3. Face the trial or file quashing of the FIR and charge sheet before High court
if there is no LOC issued then they cannot deported you.
no need to worry it is an simple accident case, engage expert advocate and contest the case on merits.
