• IPC 279 and 337

I met with a motor accident on 24 November .i was coming on bike from my office and one pedestrian was running across the road .it happened on a highway .there was divider there .we had a collision and we both fell down .he got injured in knee and I got minor bruises .then people surrounded us ..as this happened in chennai I didnot know the local language ...some people took me to my home and he was taken in 108 ..after 6 days police came to my office ...and now they have done fir against me under ipc 279 and 337 . police  told me about all the formalities ..I got my bike back also ...my bike doesnot have a third party insurance ..and they are preparing a charge sheet on me under these sections ..they also told me that other party doesnot want to di case on me ..so you will have to just pay fine of 1500 in court .i have valid DL and valid rc but third party insurance is not there ..I have filled the fine in rot as well ...should I hire a lawyer ...what will happen now
Asked 1 year ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu
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) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
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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 
Ajay Sethi
Advocate, Mumbai
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Hi, under section 279 and 337 IPC if you ready for plea guilty then court will impose the fine and close the case but it is better you can engage the service of the advocate.

2. If the pedestrian file a claim petition before the claim tribunal then you are in trouble because you don't have any insurance and you have to pay the compensation to the Pedestrian. 
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Well, if you have paid the fine and the court has released you, there is nothing more to worry about it. 

This will be treated as a minor case without much impact on anything in the future.

There is nothing that you can do now if you do not have third party insurance for your two wheeler, just forget it.  You may apply for insurance atleast now. 

There is no need for any lawyer now when the whole case has been disposed.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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1. Unless the victim files a complaint against you cannot be held liable to pay the fine. Fine as a penalty is imposed only if there is a criminal prosecution.

2. Absence of third party insurance is immaterial unless and until the victim has filed a claim petition for compensation against you.

3. If a date for hearing has been assigned to you by the court then engage a lawyer so that this is given a burial. 
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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1. No it does not. A chargesheet can be filed against you though but not because of absence of insurance.
2. If it comes out during investigation that more sections are made out then they can always be added. You can challenge the addition of sections in the higher court through the corrective process.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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1)since you have not taken any third party insurance you would be liable to pay compensation to the victim in case any claim is lodged by him 

2) 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 

3) lack of third party insurance will not affect criminal case against you 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Section 279 in The Indian Penal Code deals with 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 deals with 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.

So in an accident case the police put this sections. You have to plead as guilty and pay the fine. Maximum fine of both case is Rs.1500.

it's mandatory to carry the original license & papers/documents.documents. Sec146 of MV act delas with the Necessity for insurance against third party risk.

No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements. Riding a vehicle with out valid insurance is a offence and you have to give compensation yourself if the injured make a claim against you.
Ajay N S
Advocate, Ernakulam
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1.wether lack of third party insurance affect the criminal court proceedings against me ?wether I can get a strict treatment from court in case which is filed by police under section 279 and 337.can they wrote a strong chargesheet against me due to lack of insurance 
This will not affect the pending criminal case in anyway.  This has got no impact on the criminal case. If the police have assured that the court will let you off with just fine, you may better follow their advise.



2.if fir is done under section 279 and 337 , wether police can add more ipc sections in chargesheet .

In ordinary circumstances they may not add any more sections to the pending FIR. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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With the help of valid documents in your possession you could have challenged the case but the court case will stretch for years and you may have to waste your time, energy, and money on litigation as well as lawyer's fee which may be ten times the amount what you may pay it as fine, hence better pay the fine amount, which appears to be very minimum and come out of this crisis for ever.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Hi, lack of insurance police will not affect the criminal proceedings and in the criminal proceedings you have to take the defense that in spite of cautious driving you met with an accident. 
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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