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How to tackle IPC 279 and 337

Page no : 2

Anant (software)     22 January 2010

Originally posted by :Anant
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Originally posted by :Anant
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(Guest)

please help me what i should i do 


This is refers to your application for permanent resident in Canada

 

I have completed the assessment of your application after careful and thorough consideration of all aspects of your application and the supporting information and document provided I have determined that you do not meet the requirements for a permanent resident visa

 

Paragraph 36(1)(b) of the immigration and refugee protection act provide that

36(1) a permanent resident or a foreign national is inadmissible on ground serious criminality for (b) having been convened of an offence outside Canada that if committed in Canada would constitute offence under an act of parliament punishable by maximum term of imprisonment of at least 10 years

Document and information presented in support of your application establish that you have been convicted in india on November 07, 2004 of an offence namely rash driving under section 279/337/338 of the IPC you Pleaded guilty on February 13 2008 under section 279 of IPC and fined rupees 200 for having contravened of section

If committed in Canada this offence would constitute an under section 249(3) of the Canadian criminal code and would be punishable by maximum term of imprisonment of ten year s

Section 249(3) of the Canadian criminal code state dangerous operation a motor vehicle causing bodily harm

3) everyone who commit an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten year

You are hance inadmissible until fab 2018 under section 36(1)(b) of the immigration and refugee protection act

 

 

Before a decision is made in your case I am providing you with the opportunity to comment on the above concern or provide any observation or explanation in writing you have 30 days from the date of this letter to reply


please help me what i should i do  

Palak Singh   01 April 2020

According to section 337 of Indian penal code (IPC), Whoever causes 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 descripttion for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 279 of IPC states that Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Now if you see carefully, both the sections deal with causing hurt by being negligent and rash. If as you claim that you weren’t negligent, then in that case you don’t need to worry. Your advocate would just need to prove that you weren’t driving negligently. You can pay fine, but if the other party decides to take forward a case against, then you will have to fight it. but, it is advised that you pay the fine and not pursue it any further as litigation takes up a lot of time and money. It will exhaust a lot of your resources and drain you not just physically but mentally also.

But if you do like to fight it and get justice, then you should engage a good lawyer and go forward with the case.


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