Accident case under section 279 337 and 338
Furqan
(Querist) 04 July 2015
This query is : Resolved
My mother met with an accident she was taking a turn on a speed of abt 10 km/hr that to not on a road it was just a compund when a biker crashed on the right side of her car and he got some minor injuries but he called police and my mom was booked under sec 279 337 and 338 the police harnessed my mom a lot even though she was not at fault the biker lodged FIR and not it has gone in case my mom is very much worried as she is a teacher at government school what should we do if found guilty will she be imprisoned and will lose her job as she is the only earning member in our family please help us
P. Venu 
(Expert) 04 July 2015
There is nothing to worry. Your mother can meet the case on merits and also has the option of pleading guilty - in Kerala, the offence invites a small fine of about Rs.2000/- only.
Either way, the incident cannot have any impact on her job as, even if guilty, no element of moral turpitude is involved.
Furqan
(Querist) 04 July 2015
R u sure mr.venu that my mother will not be imprisoned or have any problem with her government job the case is in mumbai session court what should i do to protect my mother
Furqan
(Querist) 04 July 2015
Also i have to file a jamin for my mother what are the procedure and qualifications for jamin
Furqan
(Querist) 04 July 2015
Also i have to file a jamin for my mother what are the procedure and qualifications for jamin
Dr J C Vashista
(Expert) 04 July 2015
If you are sure and can prove, file a counter complaint against the biker. If the police do not register file a case u/s 200 R/W 156 Cr PC.
How has she (your mother) been booked u/s 337 and 338 IPC? Whether the victim received simple or grievous injury as per MLC?
Consult your lawyer for proper opinion advise and proceeding.
Furqan
(Querist) 05 July 2015
Sir my mom has been booked on section 279 337 338 the victim got minor injuries and a dislocation of bone which is according to his chargesheet sir we want to finish this issue once and for all what are the consiquences if my mom is found guilty because i have seen that always the person in bigger vechile is booked will she be imprisoned or lose her government job she is a teacher since 23 years please help us what we should do are there some settelment facilities so that the other party drops his case
Sudhir Kumar, Advocate
(Expert) 05 July 2015
I am not able not agree with Mr P Venu.
pleading guilty and paying fine is conviction.
every conviction [whether moral turpitude is involved or not], has worst effect on Govt job. Such employee is liable to be dismissed from service (without pension) without any chargeable and inquiry.
Sudhir Kumar, Advocate
(Expert) 05 July 2015
Agreering with Dr Vashista I would add that you have other alternative to buy peace from victim.
He will charge through down to your throat.
Sudhir Kumar, Advocate
(Expert) 05 July 2015
Further a govt servant on bail has a liability to report the bail to the deptt. Failing to do so itself a ground for the deptt to initiate disciplinary proceedings.
Sudhir Kumar, Advocate
(Expert) 05 July 2015
A govt servant in custody for 48+ hours is deemed to have been suspended and can join duty, draw full wages, only if suspension is revoked.
P. Venu
(Expert) 05 July 2015
Generally and as a matter of principle, I have always desisted from joining issue with other learned experts. However, circumstances require that I should make an exception.
I had suggested in my reply that queriest's mother has the option to defend on merits and also, confess the guilt.
Given the facts, it is a safe bet that she would be, after the trial, pronounced 'not guilty'. But that involves a lengthy process. She has appear before the Court and take the bail. This is a simple process; bail, in such cases, is matter of routine but the process has its own complexities. This will be followed by a number of appearance for answering the charges, standing the trial, answering Section 313 questions, offering defence, if any. This may spread over months if not years.
The offences u/s 279, 337 & 338 are not compoundable buying peace from the (so-called) victim calls for inducing him to depose false to his statement to the Police.
It is in this context that I had suggested that the pragmatic course of pleading guilty and paying the fine. Every court follows a standard norm for such offences which could be ascertained form the local advocates, their clerks or the court staff. In order to plead guilty there is no necessity to engage even an advocate.
Traffic offence of this nature are, at the most, innocent lapses and service jurisprudence in our country is mature enough to draw distinction between such offences and an offence involving moral turpitude.
Rule of Law would amount to legal terrorism if it cannot distinguish between a mistake and a mischief.
Furqan
(Querist) 06 July 2015
Mr sudhir are u sure for just one simple mistake she has to lose soo much it an accident not a murder i dont understand that our law is so strict for a minor accident which is also not on a perticular road it happened on at a compound next to a building she has to suffer so much for last 10 years my mob is riding bike and sometimes drives car from your advise it seams that government official cant buy car and bikes because if they by mistake gets into even a minor accident they will lose all respect and their job what if he had died or sustained some permanent injury or disabled the court would have hanged her she had all the documents when the accident took place valid DL Valid insurance Valid car documents Valid PUC still she will be punished so harshly if yes how can we now live a peaceful life once again
Rajendra K Goyal
(Expert) 07 July 2015
The dislocation of bone as mentioned in the charge-sheet may not be considered minor injury.
If you defend the case with the help of some good lawyer, she can be acquitted.
Furqan
(Querist) 13 July 2015
My question is to mr sudhir kumar now that the victim has agreed to compromise how can i get peace with him what will be the procedure can u please explain it briefly
