Police will file charge sheet and case will go for trial
FIR filed against me under Sec 294b , sec 279 and Sec 337
Sir , I met with a accident on 1st Jan 2020 with 2 wheeler while going in a car . one of Opposite side Party leg got Fractured . But there is no Mistake on me , they were drunken and hit my car . As there are local people filed Complaint against me with false Information and on the same day filed FIR filed against me under Sec 294b , sec 279 and Sec 337. Police released me under Bail after collecting driving licence , RC copy and Valid Insurance copy( Third party Insurance also covered) . also they release my car after Motor vehicle test . I Just want to know next Procedures and actions against me ? as per sections Fine or Imprisonment or both. will they Imprison in jail or only i have pay Penalty fee ? shall i issue Notice to Inspector cc SP about False FIR ? or shall i accept case and pay Penalty ? or any other actions if any Pls advice better option to close the case Immediately .
Asked 6 years ago in Criminal Law
Religion: Hindu
17 Answers
Punishment of Six months and fine both are prescribed as per the details given by you in your query so try to negotiate with the party for out of the court settlement otherwise you may be punish as you have not filed the cross FIR in the matter .Better is to consult any local lawyer as the matter is petty in the nature but may harm you of money and reputation.
1. It is a simple accident case. You need not worry about any false FIR. If police has done "alcohol test" of the two wheeler driver, checked all his documents, helmet etc...., THEN there cannot be any punishment /penalty /fine on you. However you will have to face court proceedings and the harassment of a court case.
2. Your insurance co. should take care of all the monetary claims. Just inform Insurance Co. in WRITING, about the facts and if possible attach the FIR copy.
3. IF FIR is registered, THEN the case CANNOT be closed, without following due procedures of law.
1. usually only the penalty is imposed in such cases. But if it is proved that you were driving negligently then you may be imprisoned also.
2. You may participate in the investigation and may ask the IO to file the final report and close the case.
Regards
Maximum - penalty will impose. Did you insisted police to take blood sample of those as they were drunk ? Police cannot release the car but only court. Check if really any FIR registered ?
Police will submit investigation report in few days, either closer report or charge sheet (agasint CS. Penalty will impose after trial.
No notice in such cases.
Check first if really any FIR registered or Mamlay Rafa Dafa ho gaya.
Need not worry.
Once you get a call or summons approach the court and pay the fine.
Regards
G.Rajaganapathy
High Court of Madras
Sirs , Will Sec 294b will effect Imprisonment ?
Asked 6 years ago
Where in accident FIR, sec 294b attract ?
Sec 294b - sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Well, just fine only.
It will only have imprisonment if you are convicted otherwise no imprisonment
1)
1) Section 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."
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both
The offence is Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
.
The main ingredient of section 279 of IPC is rash driving in publc way.
2) you have to deny that there was any rash driving on your part
3)
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.
Under section 337 driving rashly and endangering life and safety is punishable
It is compoundable offence
4) you have to deny that you were driving the car rashly and that accident arose on account of your negligence . in other words contest the case . if you plead guilty generally fine is imposed
Section 294 of the Indian Penal Code lays down the punishment for obscene acts or words in public.
2) Section 294(b) in The Indian Penal Code. (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]
1. No. It is a simple case of Accident without any intention or motive or your drink-drive or rash driving or negligence etc.... Just prove as suggested earlier.
The case would be dismissed if it goes on trial. Nothing to worry if your papers are in right order.
Sec 294(b) deals with sings,recites or utters any obscene song ,ballad or words in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine.
1. How did Section 294b come to be slapped against you? Is it mentioned in FIR that you sang, recited or uttered any obscene song, ballad or words, in or near any public place?
2. Imprisonment can certainly be awarded by the court if it holds you guilty after trial under for the offences for which you are charged.
3. Now police has to investigate the matter and file its final report/chargesheet in the court, whereafter the court will decide whether to try you or not.
4. You have no cause of action to issue notice to inspector or SP. The bridge has already been crossed.
5. The offences can be compounded by you with the complainant with the permission of the court.
Punishment under Section 279
Whenever a person commits an offence of rash driving or riding on a public way under section 279 of IPC then he/she shall be held liable for imprisonment for a term of 6 months or with a fine which may extend up to 1000 rupees or with both.
According to section 337 of Indian penal code, 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 both.
Section 294(b) in The Indian Penal Code. (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]
1. Maximum imprisonment in this case is upto 6 months in sections 279 and 337 IPC and upto 3 months in section 294B.
2. If you confess in fir case then you will have to pay fine and case will be closed but this will have side effect.
3. As other party can file claim case under motor vehicle act under which you may have to pay claim instead of insurance company if you accepts your mistake in this case.
Dear Sir,
Generally those booked under 279/337 Plead guilty and face a fine of around 3000–4000 bucks. Two hearings at the most. Jail is almost an impossibility or rarity (1 chance in 100 maybe)
You have been booked for negligent driving/rash driving which caused hurt to other. If you are first time offender, then nothing to worry. Just pay the fine and come back home.
If you are a frequent offender, then you might have to visit prison for few days. You can also prove your innocence but you should have proof or it will be like wasting money on paying fees for lawyer.
