Accident case 279ipc

Hello Arvind.

Section 279 of the IPC deals with rash driving or riding on a public way. It states that 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 descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. The offence under this section is cognizable and bailable and can be tried by any Magistrate.

Section 249 of the Criminal P.C. enables a Magistrate to discharge the accused when the complainant is absent and when the conditions laid down in the said section are satisfied. The section only confers discretion on the Magistrate to discharge the accused if offence may be lawfully compounded or is not a cognizable offence. The discretion vested in the Magistrate should be exercised judicially and not arbitrarily.

S. 256(1) of the Criminal P.C. enables a magistrate to acquit the accused if the complainant does not appear. In cases like this when the complainant does not appear for evidence in the lower Court, though the Courts cannot dismiss the case under Section 279 is a cognizable offence; they do not have the power to pronounce punishment without first appreciating the evidences and recording the statements of the witnesses. Only when the evidences and the statements of the witnesses are examined, can the Court pronounce the punishment. The same has been stated in the Criminal Procedure Code. You may seek the help of a professional in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com.

–Regards,

Advocate Pooja

www.lawkonect.com