It is not a major case.
Hire an experienced lawyer and it will be sorted out.
I said experienced not aged.
Accidental case against me under section 279, 337, 338
Sir On April 1 2018 I was riding on my bike on a national highway as the accident happened at Sapau, Dholpur, Rajasthan from where my destination was only 15km. Before the accident happened I had ridden almost 135km safely. It was about 7:30 pm when the accident happened. I was under the speed limit riding about 60km perhour. Some students were running on highway. They were doing race for their Army rally. I didn't see any of them as in front of me were approaching truck headlights. I hit one of them with my bike's leg guard and I also fell down but because of helmet and jackets I didn't get serious injury except minors scratches. But the boy's right thigh got broken. I didn't realise that I met with an accident so I approached to see what happened. Suddenly people came. They called police. Police took me to station where they checked me and my papers and I had all of them so they left me to go home. After two days the boy's parents filed FIR against me as unknown mentioning my bike. The police called me for bail papers and took statement that "on that day I was riding such bike" and charged me under IPC section 279, 337, 338. My bike was insured. When the boy claimed for his treatment charge in motor vehicle court the insurance company settled it on its behalf and freed me. But now my case is under criminal court Dholpur. I also have an advocate but he is too old to fight and argue for my case. It's been two years and just I am getting date after date but no progress. The public prosecutor is a lady and the judge is also a lady. Please provide me your kind advice so I can get rid of it because I am an government official and doesn't have a criminal record. What should I do and what precautions I must take so I just get free.
Asked 4 years ago in Criminal Law
Religion: Hindu
22 Answers
sec.279,338 IPC deals with rash and negligent driving
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)section 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
3) apply for bail . you have to contest the case before trial court
4) it has to be proved by the prosecution that the accident was caused due to the rash and negligent driving by the accused
1. Well, in such circumstances on registration of FIR facing trial becomes imperative.
2. Now you have two options-
i. To approach the boy and get it quashed through high court or make compromise in trial court,
ii. To defend the trial by engaging another young and competent advocate.
Your personal presence on day to day hearing may be exempted.
The question is not about the case but about the lawyer, right?
If you feel that the lawyer is not taking up the case properly then you may change the lawyer.
The court proceedings will take long time owing to various factors.
If possible you may talk to the complainant and arrive at a compromise so that he will cooperate with you to get the case disposed at the earliest by turning hostile witness in court and the rest will be just formalities.
Can in these sections compromise be done out of court? Or I shall face trial. Please provide authentic step as my advocate said in one of these sections compromise can't be done? What is the easiest or accurate way to treat this case. I have all the papers. There was no crossing at accidental place. And I guess Highways are not meant to use for casual races or exercises.
Asked 4 years ago
The offence under Section 279 IPC (Rash driving or riding on a public way) is non-compoundable. The offence under Section 337 IPC (Causing hurt by act endangering life or personal safety of others) is compoundable with the permission of the court before which the prosecution is pending.
Section 338 IPC is also compoundable.
However since the section 279 IPC is non compoundable, the defacto complainant cannot file a petition seeking to compound the offences, but with the support of the public prosecutor he can turn hostile to the witness evidence and then the court can pass an order of acquittal.
You may have to talk to the complainant about it.
S. 482 CrPC empowers High Court to quash FIR even in non-compoundable cases to meet ends of justice
on basis of settlement arrived with complainant you can file petition in HC for quashing
- As per law, the offence under Section 337/338 IPC is compoundable , hence can be settled with the permission of the court.
- But , section 279 is non compoundable and hence there cannot be a selectmen between the parties.
- Yes, you are right to say that the Highways are not meant to use for causal races and exercise , and also there are some other grounds as well like , the happenings due to truck head light etc, which was not under your control and imagination , hence you having sufficient grounds for your acquittal of the case.
- Further , at the time of framing of charge , you can submit these grounds before the court , and thereby you can discharge from the offence without any trial .
- Further , if not discharge from the magistrate court, then approach the High court for quashing the FIR , as you have a fit case for quashing.
Get the compromise done out of the court and than file an quash of FIR petition in High Court.
Dear Sir,
You are suggested to strongly defend the case and if you find that the advocate is too old to defend the case strongly, then you may change the advocate as per law and do all necessary legal activities through him. In the present case, you have to prove that it was not your fault, rather the fault of the person who was hit by you motorcycle.
Even on non compoundable offence the high court is compromise can quash the case with the consent of the complainant.
So approach the complainant on this.
You need to contest the case on merits or settle it with the other party and get it disposed
1. The criminal case has to be contested by you on merits.
2. The sections are compoundable and hence can be compounded if the complainant is ready.
3. If the complainant is not ready for compounding then you need to face the trial and prove that the accident was not caused by your negligence.
Dear Sir,
All offenses are compoundable and court can accept such compromise and discharge you, if charges not framed otherwise acquit you inview of compromise with the injured. You may visit the following to know whether each offense is compoundable or not. You may ask the witnesses to turn hostile as the case is compromised. You must be in good books of public prosecutor. You should not admit the guilt as you are government servant. You may also approach the High Court to expedite the matter. Discuss the matter
https://devgan.in/ipc/section/338/#:~:text=Whoever%20causes%20grievous%20hurt%20to,thousand%20rupees%2C%20or%20with%20both.
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IPC Chapter XVI
S. 338
Causing grievous hurt by act endangering life or personal safety of others
Description
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.
Classification u/schedule 1 CrPC
Offence
Punishment
Causing grievous hurt by an act which endangers human life, etc.
2 Years or Fine or Both
Cognizance
Bail
Triable By
Cognizable
Bailable
Any Magistrate
Composition u/s 320 CrPC
Offence is Compoundable by
The person to whom hurt is caused, with the permission of the Court
This is a minor case. Request the boy the compromise and withdraw the case. Your advocate is not correct.
IF they are reluctant to withdraw, they face the trail, maximum penalty may impose if your court found u guilty. At 7.30, it is dust and boy was running on high way, which itself suggest negligence on part of boy. You may get benefit of doubt and acquittal.
Dear Querist
Approach the court on the next date of hearing the refer the matter before Lok Adalat and settled the same before Lok Adalat. this settlement shall be count as you are acquittal from this case. so no need to worry, this is very simple case. Apart from the above, there is a second option, you may file an application before the trial court for plea bargaining and settled the matter with the injured and closed the case
As per NHAI and Motor Vehicles Act ,No cycles, pedestrians, Bullock Carts, hand carts are allowed anywhere on the highway by anyone as herein above mentioned. Definitely race is illegal on the Highway round the clock.
You have good case and defence to get acquittal order from the Magistrate Court on merits.
Pl make an application for expediting your trial before the Court being Government servant and your presence at work is utmost needed by your department. Get the charge explained and framed by the Magistrate and do not plead guilty.
Pl refer and take defence as per chapter IV section 28 sub section 1,2,3 and 4 of Rajasthan State Highways Act 2014. This Act and section would 100 % give you relief provided the charge sheet filed by Police against you does mention the punchnama drawn and prepared at Highway and injured sustain injuries at Highway.
You have bright chance of acquittal, no need to compromise and beg before your opponent.
All the best.
Best regards.
1. The incident that happened is classified as an inadvertent "Accident" without any criminal motive PROVIDED you were not drunk and had valid driving license, insurance and vehicle papers. Hence actually & legally no offence can be made out.
2. However due to opposite parties FIR, the Police becomes duty bound to file charge sheet. In court during Trial proceedings, the police & yourself have to prove tbe inadvertent "Accident" without any criminal motive and that you were not drunk and had valid driving license, insurance and vehicle papers. The court may impose a small Penalty and finish the case.
3. Further IF insurance claim has been duly accepted by opposite party then it means that he has no claim or complaint against you.
this section is for rash and negligent driving which causes death/injury to others. therefore it will be better contest the case. engage expert lawyer.
Section 279/337 338 IPC. Matter can compromise between the complainant/injured and the accused out of the court. on basis of compromise you can file for Quashing in HC.
1. You should meet the complainant and his family and ask them to go for compromise and give statement in court that no one saw who was riding the bike.
2. You have to face trail even in case of compromise because the charges are non compoundable.
Talk to the boy's parents and ask them to withdraw the case. Pay the parwnts some compensation as this case would benefit no one.
There is an element of negligence on his part. You were correctly driving. Therefore you cannot be held completely liable. All the offences can be taken back. Engage a good and young lawyer.