Ipc 338 plead guilty or face trial

Querist : Anonymous (Querist) 03 May 2022 This query is : Resolved
In my next hearing, My lawyer is suggesting to NOT plead guilty face the trial in IPC 338 Accident case (which might take another 2 to 3 years to complete, where I don't know if I would be convicted or acquitted at the end).
When I did some research over the internet, majority of experts suggested to plead guilty as soon as possible.
But as per Law, what i understood is if I plead guilty, judge may impose jail along with fine.

1. Is jail term is compulsory in IPC 338?
2. Will I be sent to jail immediately on the day of judgement?
3. Can i get bail if I judge imposes jail term?

What is the best can be done in my case?

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Quick Summary

Facing an IPC 338 charge for causing grievous hurt through a rash or negligent act, you're weighing a guilty plea against a lengthy trial. While many experts advise pleading guilty early, you're concerned about potential jail time. This discussion clarifies that a jail term isn't always compulsory for IPC 338, and immediate arrest upon judgment isn't guaranteed. You have rights to appeal and seek bail, with your lawyer being the best guide for your specific circumstances.

Dr J C Vashista (Expert) 05 May 2022
Section 338 in The Indian Penal Code
338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by 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.

No, the convict will not be arrested immediately and has a right to appeal against conviction and sentence order, if applied before Trial Court.

Trial Court shall grant bail "till filing of appeal" on an application .
Yes, Bail can granted by Sessions Court in appeal, if applied to the Court.

Your lawyer is the best person to suggest / advise since s/he is well aware about facts and circumstances of the case.

Advocate Bhartesh goyal (Expert) 05 May 2022
Well advised and explained by expert Dr.J.C.Vashista sir, i concur.

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