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Arunan (Project Manager)     30 March 2011

Accident Case

Dear Experts,

On feb 6th 2011, I my wife and my kid was travelling in a two wheeler. In a very close distance a pedestrian who was standing on the divider has crossed the road and got hit by my vehicle. all of us got injuries. Now yesterday i got the case summoned for me with 279 & 338 of IPC.

In the charge sheet there is no eye witness listed.

When i consulted the advocate and police, the ask me to file a admit guilty petition before the court and pay fine may amount to Rs.3000. as this is the first time.

i am not clear and stressed too much.

Kindly guide me in this regard. the accident is happed in chennai and it is with the court at saidapet.

Arunan Chandrasekaran



Learning

 4 Replies

M.Sheik Mohammed Ali (advocate)     30 March 2011

no need for wintess for accident case's  otherwise fatel accident, so you can admit your fault , 

 

1. 279.Punishment- Imprisonment for 6 months or fine of 1,000 rupees, or both -Cognizable –Bailable-

Triable by Magistrate - Non- compoundable.

2.Punishment-Imprisonment for 2 years, or fine of 1,000 rupees, or both -Cognizable -Bailable-

Triable by any Magistrate–Compoundable by the person to whom the hurt is caused with the

permission of the court.

Of Wrongful Restraint and Wrongful Restraint and Wrongful Confinement

Arunan (Project Manager)     30 March 2011

So can i proceed with my advocates words that to admit guilty? If yes what will be punishment normally

Sarvesh Kumar Sharma Advocate (Advocacy)     30 March 2011

hello,

yr case is road side accident case!

sec-279,338 ipc.

these sections are bailable ,and when u face the court court SHALL relese u on the bail.

if all of sudden and there was no negligency by yr  side then no need for confess!

trail the case it is very tough to prove the negligency in road side case!

yes, if u admit guilty then court will fine u only!

if u r going to admit confession better go in LOK ADALAT!

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     31 March 2011

on the date so fixed court will ask you that whether committed offence under section 279 and 338 ipc on that very date. Whether it was your negligence that gave injury to the complainant. In my opinion never plead guilty. if you plead guilty, fine may be imposed upon you, though is very low. But it will have far reaching cosequeces. As the court imposes fine,it means that you are proved criminal. it will damage your in eye of Govt.. If you are govt, employee, you may loose your job.

it would be better to claim trial and thereafter compromise the case since it is compoundable.


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