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Deepu (dfsa)     03 November 2009

How to tackle IPC 279 and 337

Hello All,

        I was met with an accident on 10th of october 2009. I was driving my two wheeler nearer to the road seperator median. There was a man standing on the median and he jumped on to the road to cross it. I tried to break my vehicle, slipped and we both met with accident. His was minor, he got discharged the next day from the hospital. I got hit on the head, my skull got fractured and blood leaked from my ear. A good person admitted me in the Government Hospital. I become OK and was discharged on 23rd. The police compelled the person who helped me to file a complain against me and IPCs 279 and 337 were booked against me.

How should I handle this? Should I accept this and pay fine( I hate this as it was not my error, but this would save time and money) or fight against it?



 17 Replies

Gaurav Arora (Advocate)     03 November 2009

Mr. Deepu.....Under sections 279 and 337 IPC, only rash and negligent act is punishable not an accident.....You met with an accident when you was driving a two wheeler on the road and other person was on his feet and was crossing the road....this doesn't mean that the rash and negligent was on your part....

Your case is in intial stage and i think soo, the challan is yet to presented by the IO....You have a solid defence.....all you need to do is to engage a good lawyer....So according to me, you should face it....

Hemant Narayan Gokhale (Advocate)     03 November 2009

You must face the trial by enganging advocate who more practing in criminal side.

1 Like

Deepu (dfsa)     03 November 2009

Thanks a lot all. Sure, I ike to fight against it, but I dont know the person who got hit. There is possibility that police might trigger that person to complaint against me that I hit him(Though he was jaywalking during the accident). It;ll be helpful, if you can say this will not happen

Kiran Kumar (Lawyer)     04 November 2009

deepu ji, find out the FIR from the police station, if it is registered then u r entitled to get it free.

 

there in u ll get all the details.

1 Like

Deepu (dfsa)     04 November 2009

Thanks Kiran, I've got a copy of FIR with me. The FIR doesnt have the name of the person who got hit. It only says that we both were involved in an accident and were lying on the road, and both were sent to hospital, continuing how I got admitted to the Hospital. The person who filed the FIR(He is the one who helped me) wasnt even there during the accident, he was there only after some minutes. This I got it from him even I phoned him to thank him for saving my life. That is why I got confused why the police booked me under IPCs 279 and 377. They dont even know the full story, they turned over the story said by the complainant.

I have one more question, Will these affect my Job if I am convicted.

k.chandrasekharan (advocate)     04 November 2009

No. Any conviction normally in such cases is fine and will not affect your employment, in India. However, the police investigation is a harassment, but you have to endure. Coming to know of the facts especially that the pedestrian crossed the road at a non-designated spot and the fact of your own grave injury, may persuade the police to file a 'B' report to the court, absolving you, and also mentioning the other victim as 'not traceable'. This will also assist you i getting your "own damage" claim for your vehicle,if any and 'personal accident' claim if any settled by your insurance company.

1 Like

Deepu (dfsa)     04 November 2009

Thank you Mr Chandrasekaran. I hope I can persuade the police to file a B report with the help of my lawyer friend. Insurance would be taken care of. I just heard from the police when I was in hospital that the person who got hit has very small injuries and he was able to recover within a day. I wish he is fine now. His address should be with the police.

One more humble q. Is it possible to persuade the police to close the FIR as we are both fine and recovered now, not to waste the time of court

Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi)     04 November 2009

Dear Friend,

U/s279 which read as “Rash driving or riding on a public way” , the Hon’ble Apex Court in catena of judgments have held that the constitution of offence under this section must be proved in reality that the accused (that’s you in this case) created danger to human life by rash and negligent driving on the road or caused hurt or damage to any person, further “rashness” should be proved., Furthermore, the other section, i.e. 337 which read as “causing hurt by act endangering life or personal safety of others” can be compounded by a person to whom hurt is so caused, with the permission of the court.

            Otherwise also conviction under these sections can no way affect your job, moreover, if the other person is not interested in the case, police anyways have to close the case down. If you feel like, you can take that person for compensation before the MACT Act court. So the zest is you have to get in touch with a qualified lawyer.

 

1 Like

Feroz M Shafeeque (Police Officer)     07 November 2009

Better to persuade the IO to refer the case citing 'mistake of facts' or 'false information'.

The chances of getting punished in this case is very remote.

If a government servant is convicted in a criminal case, the follow up action varies with rules framed by respective state governments.

As the other person did not sustain grevious injuries, it is futile for him to go for accident claim.

1 Like

Deepu (dfsa)     07 November 2009

Thanks a lot Feroz,

       I have contacted the poliec via a Lawyer. They asked for the Driving License. My purse which had the license had been taken by the ambulance driver during my admission to the hospital.. Do I have to file another complaint for the loss of my purse which contained my license? I dont want to do this. The ambulance driver saved my life some how. Is there any other way?

Sanjeev Kuchhal (Publishers)     08 November 2009

Please find attached one judgment, which is more or less on the same circumstances. I believe that most of your queries will be solved by this.


Attached File : 57 57 quashing fir.pdf downloaded: 1354 times
1 Like

Vishal Thakre (consultant)     07 December 2009

i met with an accident i was driving bike there were two person also sitting on the bike. bike belong to one of who was sitting  behind me.  iwas charge with sec 279 and 337. what are the reliefs under these two sections what are judgement in favour of  these two section. please advise................

Raghav Sood (Lawyer)     11 January 2010

It only says that we both were involved in an accident and were lying on the road, and both were sent to hospital, continuing how I got admitted to the Hospital. The person who filed the FIR(He is the one who helped me) wasnt even there during the accident, he was there only after some minutes. This I got it from him even I phoned him to thank him for saving my life. That is why I got confused why the police booked me under IPCs 279 and 377. They dont even know the full story, they turned over the story said by the complainant.

prima facie no offence made out because nothing falls under the ambit of 279. 337 IPC chances of conviction  not even remotly

Anant (software)     22 January 2010

 hello,i am a 25 year old guy in I.T right now im facing this sever problem which is depressing to say the least tht section 279 and 338 has been posed against me and i am facing the trial in court under this section which is calling all witnesses one by one after a gap of one year which is depressing in the first place.well the immediate problem is one of the witnesses has has given statements against me that i was trying to overtake the vehicle and this witness happens to be the victim as well and with the vehicle driver which i crashed into remaining to appear as witness who might go against me so ive to persuade him but my worry is if i am convicted would i get a jail term?
 


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