Fir

akbar (Querist) 22 February 2018 This query is : Resolved
Please share your valuable views on following situation.

FIR registered in accident case and section charged on driver
1860-279
1860-338
1988-119
1988-177
1988-184

Please guide what are the consequences on owner of the car.
said car owner given to his cousin and his cousin friend drive the car and such accident done in this case what are the implications on owner of the vehicle.

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P. Venu (Expert) 23 February 2018
The facts posted are inchoate. It appears that the offences involved are those u/S 279 and 338 of Indian Penal Code AND 119, 177 & 184 of Motor Vehicles Act:

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.

338. Causing grievous hurt by act endangering life or personal safety of others
Whoever causes grievous hurt to any person to 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.Motor Vehicles Act, 1988

119. Duty to obey traffic signs.

Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place.

In this section "mandatory traffic sign" means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section(1) of section 116.177. General provision for punishment of offences.

Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence is punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.

184. Driving dangerously.

Whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to sic months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

In the given facts, the ideal option is to plead guilty and pay the fine. It is not necessary for the accused to be present in the court; the advocate can plead guilty on his behalf.