• Charge sheet filed under IPC 279, 338

Hi, 

With respect to the scooter accident I have met with, police filed FIR under IPC 1860 (U/s 279/337).I myself taken the victim to the hospital, got him admitted and spent 15k towards his medical expenses for which I have bills and have valid comprehensive insurance for my scooter and now the police have filed charge sheet under sections 279/338. Can you please let me know what to do in this case. Is there any risk for me.
Asked 29 days ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Thers is no point of going to the trial. You can plead guilty and pay a mininal fine, you will not be jailed/arrested for the offence. 

Jamal Sait
Advocate, Bangalore
166 Answers
2 Consultations

4.9 on 5.0

You can contest the case on merits. You can also file discharge application in trial court as well as quashing in high court to finish the case

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You should plead  not Guilty 

 

burden of proof is upon prosecution to prove allegations beyond reasonable doubt of rash and negligent driving 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to take the bail and contest this case strongly. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

If police have registered FIR under the said sections, you may have to first obtain AB and then challenge the same in the trial proceedings.

The question is not about you taking the victim to the hospital and taking care of his medical expenses, this is a criminal case whre you have been charged with the offences falling under section 279 and 338 IPC. 

 

IPC 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.

Offence is NOT listed under Compoundable Offences

 

IPC 338 - Causing grievous hurt by act endangering life or personal safety of others:

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.

 

Offence is Compoundable by

The person to whom hurt is caused, with the permission of the Court.

 

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Nothing to worry, get the bail done and present your bills during evidences time. You will be freed.

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Minor case. Either compromise with victim and request him to withdraw case. Or let the trial proceed.

If no settlement than also no risk. Court may leave by merely payign fine if you admit guilty or found guilty.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Hi, can ask for plea guilty. The Court will impose fine and the close the case.

Pradeep Bharathipura
Advocate, Bangalore
4698 Answers
244 Consultations

4.5 on 5.0

1. You should engage an advocate to defend you in the case and get bail from court. 

2. Yes there is risk of conviction but very low because you youself taken victim to the hospital and police station.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

in this case you need to look upon the stage of the case. Howevevr 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.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

You must be having insurance m, a valid driver's license and other documents. What is the case story as per the police? The victim was taken by you which shows that it wasn't negligence or hit and run on your part.

He may demand some compensation.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Please fight your case before the trial Court. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

You may admit the guilt and pay casual fine of rupees as follows:

=====================================================================================

Section 279 in The Indian Penal Code

  1. 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.

==================================================================================

Section 337 in The Indian Penal Code

 

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.

=============================================================================

If you admit the guilt you cannot get Government job as it will be a stigma. Otherwise you may approach High Court and get it quashed. The third option is you may get into compromise with complainant and ask him to turn hostile and also eye witnesses to be turned hostile and thus you may get clear acquittal.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

- Since the charge sheet already filed in the said FIR , then you should engage a local lawyer for the argument on charge , and to acquit / discharge you from the said offence after submitting the proofs of medical expenses before the court. 

- Further, you can try to settle the dispute with the victim , and further for giving evidence in your support. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer