Death by driving and Section 304 Part II IPC
S.B.adil rahman
(Querist) 23 December 2010
This query is : Resolved
In the year 2009 in infamous case of death by a BMW vehicle,Sanjeev Nanda was convicted under section 304 Part II of IPC. My question is that whether the case was chragecheeted under section 304 PartII IPC or it was under section 279/304 Part II IPC? Whther section 279IPC can be applied with section 304 Part II IPC? If the conviction is made under section 304 part II then whether it is going to affect the compensation case of the victims? Kindly enlighten because a good number of police officers in a fix over the application of section 304 part II read with section 279 IPC.
Raj Kumar Makkad
(Expert) 23 December 2010
279 can be applied with 304 Part-II IPC and in the given FIR the same sections were duly applied and charge was also framed accordingly.
Ajay Bansal
(Expert) 24 December 2010
I AGREE WITH AFORESAID VIEWS.
Dineshwar Singh Kaushik
(Expert) 24 December 2010
I also agree with views of the Mr. Makkad Mr. Bansal & Mr. Subramanian.
S.B.adil rahman
(Querist) 25 December 2010
Ok but what will be the fate of Motor Accident Claim Case in such event when the case is not recorded and /or chargesheeted under section 279/304A IPC? Whether the insurance company will bear the liability of the act of the driver under section 304(II)IPC? CAn any one help by informing as to what happened in the BMW case which had gone in Appeal at Supreme Court.
M V Gupta
(Expert) 26 December 2010
Dear Mr. Adil,
The element of neglignece is involved both in Sec.304 Part II and Sec.304A. Hence I feel it should not make any difference so far as the liablity of the Insurance company for the act of the Driver is concerned.As regards the status of the appeal filed in the SC in the BMW case, you may like to check with SC website.
