Liability for the criminal offence
rijo67
(Querist) 19 December 2013
This query is : Resolved
Respected All,
My friend wants to start a Taxi hiring business, in which customers can directly book a Taxi through online portal. Here in this business, it is mere acting as an agent between the Taxi drivers and the customers for a commission. The relationship between the Taxi drivers and the owner of the business, is only through a contract.
If anything goes wrong while the taxi is on hire, like: Rape, dacoit, murder, etc. What will be the liability of my friend(Web Site Owner), when contract specifically says, that he is not responsible for the Criminal offences committed by the Taxi driver(Contract with customer and Taxi driver).
Devajyoti Barman
(Expert) 20 December 2013
commercial query.
Why your friend is not coming with this problem and you are coming using anonymous identity.
rijo67
(Querist) 20 December 2013
If my friend is starting, it means that I will also be his partner. So I kindly request you to help on this.
Devajyoti Barman
(Expert) 20 December 2013
Give a 'disclaimer clause' in the contract.
V R SHROFF
(Expert) 20 December 2013
EXECUTE CONTRACT WITH TERMS OF NO LIABILITY TO YOU.
Rajendra K Goyal
(Expert) 20 December 2013
The disclaimer clause may also be printed on the booking slip and the contract papers.
rijo67
(Querist) 20 December 2013
So by printing the disclaimer clause, we will not be liable for any mistakes that the taxi drivers commit..??
krishna mohan
(Expert) 20 December 2013
Any crime committed by a driver employed by you through any other agency or directly, you as a principal employer will be responsible. Disclaimer clause neither can relieve you from the crime committed nor show the business reputation which demands for by the customer. Hence it is prudent to enter to a legally enforceable contract for any crime committed by the driver of your business associates so that proper accountability is ensured by your service providers. It is not worth pursuing a business only for the sake of profit without knowing the antecedents of driver. It is better insist for the responsibility of antecedent verification by your associates before employing any body as a responsible service provider.
Biswanath Roy
(Expert) 20 December 2013
For avoiding criminal liability which falls under I.P.C.triable offences you need a Special type of contract.
T. Kalaiselvan, Advocate 
(Expert) 20 December 2013
Criminal liability will not end with the disclaimer clause either printed in the booking slip, or made in writing in the contract even if the legal contract is registered. The customers do not approach thee taxi drivers directly, it is on the basis of the assurances and reputation of your firm into the business, hence the liability still remains on your firm unless no customer will come through you for the services offered by a third party. I agree with the expert advise of Mr. Mohan on the subject.
ABDUL RAZIQUE
(Expert) 21 December 2013
I agree with Expert T. Kalaiselvan on the subject.
SHIRISH PAWAR, 7738990900
(Expert) 20 December 2013
