Rash and negligent driving

vinaykala (Querist) 09 April 2012 This query is : Resolved
dear sir,

my nephew, under the influence of liquor, had an accident at hyd with a middle aged person who fractured his hand.

the nephew is from delhi and has recently taken a job at hyd.;

an fir was registered agaisnt the nephew.

he how has appeared twice in a hyd court but the police has not yet sent the requisite papers.

the nephew is 28 years old and an inexperienced person. he was not able to have a comprommise .

since he is in a new job we want him to get out of the mess speedily.

our querries.

1. can he be exempted from appearing for each and every hearing.

2. can he plead guitly to the charge of rash and negligent driving and let the court take a view, as a first time offender perhaps?

we are afraid he may loose his job because of the absense from office for court proceedings.

the acccident happened in nov 2011

pl enlighten

vinay kalaa

april 09,2011

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Arvind Singh Chauhan (Expert) 09 April 2012
1. Court can exempt his presence,through counsel, but appearance is necessary in some stages of trial.

2. Court may adopt such lenient view.

Try to settle the matter under plea of bargaining with the consent of injured.

Sudhir Kumar, Advocate (Expert) 09 April 2012
Agree with Arvind.

But surprising that you say that he was "28 years old and an inexperienced person" He did have experience enough to drink and drive.

You are worried about his loss of job because of absence due to court hearing but whether he will be able to retain job if jailed after admission. Even if you do not tell generally the drunken drivers committing accidents are rude and arrogant to the victim and at times even with police. If such record is there then lenient treatment is not so easy to expect.

By the way why do not you beg for the mercy of the victim. Indians are very stupid with bagful of mercy and easy to pardon. Without his mercy you cannot expect much. He can even appeal against lenient treatment of the court. Even Mr Arvind has hinted about the consent of the victim. Such consent can be there only if you are able to invoke his mercy.

Nadeem Qureshi (Expert) 09 April 2012
Agree with experts

venkatesh Rao (Expert) 09 April 2012
If the case of prosecution is (a) rash or negligent act (b) drove under intoxication and if your friend pleads guilty, the court will convict and sentence your friend.
Though it is mandatory to have recourse to 360 cr.p.c. or Probation of offenders Act, the court may feel it not expedient to extend the benefit as driving under intoxication is always inexcusable. (b)this being moral turpitude, i am afraid, may cause a stigma on his employment.
In India, plea bargaining is somewhat alien.

Kiran Kumar (Expert) 09 April 2012
both exemption and lenient view fall with the domain of Court.

court may or may not act in your favour.

it will be better to seek apology from the victim/ complainant and try to compromise the matter.

but keep in mind the offences are non compoundable...so act cautiously and under proper legal advice and skill.