Indian Penal Code
bhagwant
(Querist) 02 August 2008
This query is : Resolved
It is observed that Sec.427 is applied with Sec.279 IPC in Motor Vehcile accident Casses. My query is that for the purpose of mischief intention is necessary, and there is no intention to cause damage in Motor Vehicle Accidents, then how 427 is applicable with 279. Do any body have views from Apex Court, please send me.
Kiran Kumar
(Expert) 02 August 2008
u ve raised a genuine question....in my opinion it shall depend upon the facts of the case whether the accused had any intention or not that could be determined on the basis of evidence on record.
but i ll certianly work upon ur query to find out some judgment in this regard.
bhagwant
(Querist) 02 August 2008
Accident is an accident, if there would have intention it might have come under certain other penal sections, and if the facts of the case would be of criminal nature this issue might not have been arose. Therefore considering the facts as of accident whether sec.427 applies?
By the way thanx for replying
puneet
(Expert) 02 August 2008
by reading the bare language of sec.427 i have not find anywhere that the intention is required u can read the bare language and then decide
deepak kumar
(Expert) 03 August 2008
this is a very valid theory and goes to show how mechanically our system sometimes works
www.advocatesdiary.blogspot.com
bhagwant
(Querist) 03 August 2008
reading of sec 427 will not find intention, for that u will have to read definition of mischief in sec 425 IPC
