Suggestion
Querist :
Anonymous
(Querist) 29 June 2011
This query is : Resolved
Private Message
Subject : IPC 1860, Section 279 / 337
Message :
Dear, My brother has charged in section 279 /337, in road accident, my brother was on two weelar bike and hit a pedi. man and pedi. man was havy injured and admit in ICU, and police man arrest him & go for medical, in medical found alcohal (Positive) and in MLC write BRC Meter are not working, Alcohal smell +, admited person accepted taken alcohal & police charged above section and mention the drink and hit to pedi. man, kindly suggest me how can i go out from this situation and what is panishment in this section.
Will Insurance company pay claim if third party demand for claim.
Regards
Shailender Singh
Adv. Vikas Surve
(Expert) 29 June 2011
Punishment for section 279 IPC is imprisonment for 6 months or fine of Rs.1000 or both and punishment for section 337 IPC is imprisonment for 6 months or fine of Rs 500 or both.
Your brother have to face the trial, without reading chargesheet no one can not tell you about the defence of your case. You can engage a good criminal lawyer.
And here is answer of your last query that insurance company may pay the claim if third party demands.
prashant pundhir
(Expert) 29 June 2011
Dear,
No need to think for about the conviction at the stage .As MLC is saying that BRC meter are not working,so it can not be said that either he was drunked or nor not as lot of other things gives the smell same as of alcohal .So the MLC is not trustable .
Secondly,any admission before the police officer is not admissable before the court .
And at the last,when it is not proved that either he was drunked or not,the insurance company is bound to pay the compensation to the third party .
