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shipra kumari (f)     01 August 2010

is road accident is comes under crime?

Help!!!!!

Hi All

i have a serious problem. i am selected in one IT company and soon i will be joining the company. but company does check the background of the person. according to the company policy person must not have any pending  criminal case. And few days before i met with a road accident and the other party (on feet single man) filed a FIR and and case against me under IPC 279 & 337. 

so i want to know whether this road accident comes under criminal act or not, and if it comes can i get some relief from company as accident was not intentional.

Please help me i am in big depression. 

 

Thanks in advance...



Learning

 10 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 August 2010

yes, these sections are counted under criminal case.

1 Like

Mugundhan (Lawyer)     01 August 2010

Of course these sections are criminal offences. But if you can prove that  it was an accident only and you were not under the influence of alcohol or something like that the company will not take it seriously on par with other criminal cases.

1 Like

Arup (UNEMPLOYED)     01 August 2010

YES SURE.

MANAGE THE COMPLAINEE.

1 Like

M Ravinder Babu Advocate Parka (Advocate)     01 August 2010

Though it is an offence under IPC,these are not moral turpute

at all not effect in your way

1 Like

shipra kumari (f)     02 August 2010

Hi All

Thanks for your reply...

i have one more doubt. Please guide me in this

Actully company is aking a affidavit in 100 Rupees Indian non-judicial stamp paper that  there are no criminal cases pending against in me.

but as you all know i have this case panding :(  so please tell me what should i do?

Mugundhan (Lawyer)     02 August 2010

definitely you should mention the case in the affidavit. You should add  additional information regarding the nature of the case and give a declaration that it is only an accident and it is not an offence of moral turpitude

1 Like

Ayush (Advocate)     02 August 2010

AS Mr. Magundhan says is right. I would like to add one thing, signing or filing any incorrect affidavit is a crime and you may commit another crime if you depose an incorrect statement by way of affidavit.

1 Like

Arup (UNEMPLOYED)     03 August 2010

IF YOU GIVE WRONG INFORMATION IN AFFIDAVIT IT WILL BE AN PUNISHABLE OFFENCE UNDER IPC.

nidhi kalia (lawyer)     03 August 2010

yes i do agree with ms budhiraja

yogesh (bansalyogesh2006@gmail.com)     26 April 2011

Ravinder sir,

I want to know how companies do check the criminal backgorund.


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