What is the punishment under section 279 & 338

Dharani (Querist) 16 January 2020 This query is : Resolved
Hi all,

I would like to know what are the punishment under section 279&338.

If in case if I found guilty or I pay the fine in court will it affect my work visa to travel.

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Raj Kumar Makkad (Expert) 16 January 2020
Section 279. Rash driving or riding on a public way:

"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 description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both

The offence is Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

. The main ingredient of section 279 of IPC is rash driving in publc way.

2) Section 338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Though the aforesaid are the provisions but punishment depends upon various factors. Lodging of FIR ipso facto do not mean that the accused shall compulsorily be convicted and maximum punishment shall be awarded. Prosecution has to prove the case beyond any reasonable doubts.

Raj Kumar Makkad (Expert) 16 January 2020
As both the offences do not come within the ambit of moral turpitude, the same shall come within your plan to get visa even if the case is proved against you by highest court.

Dharani (Querist) 16 January 2020
@Raj Kumar..Thank you for the response.. Just to put it simple terms, regardless of I am guilty or not, It will not have any effect on my visa process right ??

P. Venu (Expert) 17 January 2020
The general practice in such cases (in Kerala) is that only fine is levied. The easiest (and prudent) option is to authorize the advocate is to plead guilty. Such pleading guilty does not involve moral turpitude and hence are of no adverse consequences.

Dr J C Vashista (Expert) 18 January 2020
Since the case u/s 338 IPC is charged when the offender has caused grievous injury while driving in a rash and negligent manner, generally court do not let the accused go scot free.without punishment, however, the injured may pray the Court to compound the case, although it is non-compoundable. Whatsoever, I fully agree with Mr. Raj Kumar Makkad, Senior expert, the offence do not involve any moral turpitude.
Seek guidance of the lawyer engaged / paid by you who is well aware about facts and circumstances of the case and competent to advise you on the basis of evidences against accused.

Dharani (Querist) 20 January 2020
Hi All,

Thank you for the response.

Just one last question what are the chances of getting imprisonment for the above section.

This is the first case in my name

P. Venu (Expert) 20 January 2020
As already suggested it is the practice in such cases (at least in Kerala) to dispose the matter with fine when the accused does not contest and plead guilty. Please ascertain whether the court you have been summoned follows the same practice.

T. Kalaiselvan, Advocate (Expert) 26 January 2020
Punishment under Section 279
Whenever a person commits an offence of rash driving or riding on a public way under section 279 of IPC then he/she shall be held liable for imprisonment for a term of 6 months or with a fine which may extend up to 1000 rupees or with both.
under section 338 IPC
Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.