• Car accident

Dear Sir, On 08 Jun 14 i was involved in a car accident. my car was Dzire and the other party was innova. We had an head on collision in a sharp curve/turn. The breadth of the road was 04 mtr only and my car had occupied 2.4 mtr of the road and his 1.6 mtrs. In panchnama, it seems i am at fault. i did not just notice the innova car approaching. When i saw it coming i had pressed the brakes hard but my vehicle skidded and hit the innova at right corner. 

Note: There was no major injury to any personnel all are fine.

Sir, i wanted to ask in these Motor Vehicle accident cases what will be the punishment if i felt guilty

What should i do? should i opt and adovate.

Please advice. Regards
Asked 2 years ago in Criminal Law from Vasco-da-Gama, Goa
Good that there was no major injury to any personnel and all are fine.
So hopefully there will be no Motor Accidents Claims case against you.

Your attention, however,  is drawn to section 279 of Indian Penal Code

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.

Now don't get panicked.  To prove offence committed under section 279 of IPC sufficiency of proof must be there.
The main ingredient of section 279 of IPC is rash driving in publc way.  The criminality lies in running the risk of doing such an act with recklessness or indifference to consequences.  

Your guilt or otherwise will depend upon the nature of evidence that will be brought before the court by the prosecution and how skillfully you bring the evidence of absence of rashness or negligence on your part.

To do these tasks skillfully you need assistant of a professional expert lawyer.  It is desirable to engage an Advocate.

Regards
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
1. Has any case been registered against you for rash driving u/s279 of IPC by the Police? Enquire,

2. If not then relax. Nothing will happen to you,

3. If yes, then collect evidence including photographs of the spot of the accident, conditions of the cars after accident, if possible. For insurance claim for repair, the insurer has certainly taken photograph of your car. Collect one copy from him,

4. Accidents are not punishable but accidents due to rash driving are punishable,

5. You shall have to prove that you did not drive rash,

6. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Dear Client,Its a clear case of section 279 I.P.C. and nothing else only you want to prove its not a part of rash driving.
Advocate Anurag Bhatt
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
it is always advised to hire services of an advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Has the FIR been officially registered? If yes, have you been supplied a copy of the FIR? 

2. If FIR has been registered by police then you will be prosecuted for rash and negligent driving. You will get sufficient opportunity to prove your innocence in the court. An accident, by itself is not punishable. What is punishable is an accident caused due to rash and negligent driving of the individual. 

3. As per your version the breadth of the road was only 4 metres out of which your car had occupied 2.4 metres whereas the innova car had occupied the remaining 1.6 metres. You will get the opportunity to prove that the accident occured due to the narrow breadth of the road without any fault attributable to you.

4. As for now, immediately engage a lawyer and apply for bail lest you are remanded to prison on your appearance in the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
if FIR is registered against you then engage advocate for your self   & get  bail. rest you leave upto advocate to prove your innocence
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Hi,
 What are the charges in the FIR, Get an advocate and proceed further if the sections charged is needed bail, ie 279 and other section. where you arrested by police and released on bail. Anyway without knowing the charges in the FIR it is not fair to talk about the seriousness of the matter. If the matter come to court you need  to defend you so get an advocate
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
No need to worry about your case you need to engaged a good lawyer ij your area it will be better for you to know detail procedure.
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0

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