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ani ajayan (Associate)     30 September 2014

U/s 279 ipc & 185 mv act

Hi All,

In 2013 I have drunk 60 ml alcohol and drive police register one fir against me.

Now I received one card from court (u/s 279 ipc & 185 mv act).

 

Please explain the punishments.

 

Regards

 

Ani



Learning

 5 Replies

Ashok, Advocate (Lawyer at Delhi)     30 September 2014

Maximum punishment for offence under Section 279 IPC is imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Maximum punishment for offence under Section 185 of MV Act is imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

 

 

These are the maximum punishments possible. The actual punishment is generally less.

T. Kalaiselvan, Advocate (Advocate)     04 October 2014

You may admit the case and pay fine imposed by the court and get out free of further problems.

Sathyajith s   06 December 2017

Respected sir, Im also accused inthis type act...279and185 from kerala...sir.but im not doing any wrong with police oru public.my bike was in roadside and im sitting in my bike..police vehicle came to me...and ask..are u drunk....i told yes im drunk...ok come to sit inside of the vehicle...and after we reach police station... they are taking my breath analyser...and two persons came in station for me...and after my first police verification. ....(because Waiting for appoinment letter from police department).after verification dec15 every crew members in my related job....all are waiting for appearing training...but i only dont get the appoinmemt letter...what i will do sir.....im not doing any wrong to public....or my gadi in off.....also...plssss give me advice plsss sir...thank uuu

Gagandeep Singh   10 August 2019

Sir, I was driving my car a man on scooty suddenly came in front of my car. I tried to stop my car but he injured. after that Police lodge a FIR against me U/S 279 and 337 on dated 4.7.19. I have valid driving licence & my car in full insured. Now he is in ok condition. so what will be.

Palak Singh   31 March 2020

Sec. 279 of IPC, 1860 states:

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.

S.185 of the MV act states:

Driving by a drunken person or by a person under the influence of drugs—Whoever, while driving, or attempting to drive, a motor vehicle

(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or]

(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.

Hence, on analyses of the sections we can deduce that the punishment can be imprisonment upto six months along with fine of Rs. 1000 or Rs. 2000.


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