sureshramu 23 January 2016

Need advice after accident - fir ipc 304a

Dear Lawyers,

My friend drove the car and hit a beggar (mentally challenged )

My friend was driving the car on the extreme left lane on the highway, Suddlenly a mentally challenged beggar decided to cross the road and came running from opposite side of the highway (right hand side road) from the right median (right to left) and got hit in his vehicle. (all this happended in fraction of seconds, so he cant able to react to avoid accident.)

He called the ambulance & local police they conformed spot dead. An FIR was filed IPC SECTION 304A , station bail given and vechile released after 24hrs.

Till now, The beggar has no relatives and no eye-witness.

Summon / charge sheet is expected next month.

Now what to do next?
1. How long will the case run if pleaded not guilty & to prove he is not driving rash and negligent manner.
2. What is the minimum punishment & maximum punishments in Court, if he accept Guilty.
3. Is there any chance in the court of Law to Imposes a fine only & not Jail. (If yes whats the min & max fine amount).
4. Is this case comes under Criminal or civil court. if the judgement says Jail. (Is this offence is bailable or non bailable)

Thank You All for your time and attention!
Any Advice is highly appreciated.

Reply Follow

5 Replies

(Guest)

Section 304A in The Indian Penal Code

[304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.]

by the language of the act it is clear that punishment would be

1] 2 year jail or

2] fine or

3] both jail and fine

so one can get out by paying the fine only. you should show that the act is unintentional and your friend is caring for the begger and cooperating with police. this will lighten the case in the eye of law. then fine might be the penalty.

Sidharth 23 January 2016

It is bail able offence . Criminal proceedings. Don't worry!!

Court will only order you for fine only.

sureshramu 25 January 2016

arix sir, Thank you very much for writing such detailed information.

Thank you very much for the inputs Sidharthji.

(Guest)

hi,

Thse are the state cases and court will follow all the procedure before deciding wether to order imprisonment or fine. Legal standard here is " beyond reasonable doubt". Somehow if there is no one relation has come so far that doesnot make you free from the liability, may be police has recorded eye witnesses or secured the scene. But in your case the good point is you hav called the police engag a good lawyer.

sureshramu 05 February 2016

Originally posted by : SHIVAM
	hi, Thse are the state cases and court will follow all the procedure before deciding wether to order imprisonment or fine. Legal standard here is " beyond reasonable doubt". Somehow if there is no one relation has come so far that doesnot make you free from the liability, may be police has recorded eye witnesses or secured the scene. But in your case the good point is you hav called the police engag a good lawyer.