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Chidhambaresan (Information Technology)     10 November 2015

Tackling 279 337 and mv 185

Dear Respected Seniors,

Here goes the scenario.

Person Driving a car after consuming Alcohol. But is with good consious and not under huge influence. 
Meet with an accident. Car hit a person on a bike. Bike-Person had serious injuries admitted to hospital.

Police took the following action :
1. breath-analyser report - Report says alcohol consumption exists.
2. Filled FIR - With medical report. No blood test. But report says, smell of alcohol exists.

FIR contains section : 
IPC Section 279 -  Rash driving or riding on a public way
IPC Section 337 - Causing hurt by act endangering life or personal safety of others.
Motor Vehicle Act Section 185 - Driving by a drunken person or by a person under influence of drugs.

My questions are :
1. Understood that this is a unfortunate event, but how can we move to avoid arrest in a worst condition of death of the bike-person ?
2. What is the next stage after FIR filling ? 
3. Is this offence bailable ?
4. If court punishes with a term of 6 months or so, is that bailable ? 



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 November 2015

Drunken driving and committing an accident amounts to culpable homicide and non bailable if the FIR is filed strongly.

adv.raghavan (Advocate,9444674980)     12 November 2015

1, In case of death of victim, charges can be elevated to 304 A

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

2, Both  sections of IPC are bailable.

3,After going through all the witness if he gets convicted he can apply for suspension of sentence  and subsequent bail


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