Accident case and mechanical inspection report
Querist :
Anonymous
(Querist) 23 November 2023
This query is : Resolved
Can i get convicted and imprisoned in IPC 279 338 accident case when there is no Mechanical inspection report of vehicle submitted by police. Eye witness is complainant and the injuries are serious.
How can I defend myself and avoid jail.
T. Kalaiselvan, Advocate
(Expert) 23 November 2023
It is a matter of trial.
If the allegations are supported by eye witness and the prosecution has strong case then there are chances for conviction.
However, Section 338 of IPC is Compoundable offence. Compoundable offences are those that can be compromised, i.e. the complainant can agree to take back the charges levied against the accused. While section 279 Ipc is non compoundable. Non - compoundable offences are the more serious offences in which the parties cannot compromise.
So answer to your question is you can easily plead guilty under section 279 of ipc where maximum fine you have to pay is Rs 1000.
Section 338 is compoundable by the person to whom hurt is caused by your negligent driving . So if the person hurt is agree you can compound matter.
