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sen (engineer)     28 August 2014

Ipc 279-337

while i was driving my 2 wheeler in right way with normal speed, a anothet 2 wheeler person his wife crossed my path without any indication so both got dashed and falll down . we both were taken to different hospital i got oly minor injuries so discharged from clinic , but the opposite party got fracture in leg and filed a FIR under ipc 279-377 on me , though fault him since impact on him so polive support them, so kindly guide me to overcome this.



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     01 September 2014

You may engage a lawyer, get yourself enlarged on bail, and then challenge the case on merits.

Ashok, Advocate (Lawyer at Delhi)     01 September 2014

Both sections, i.e., Sections 279 and 337 of IPC are bailable. So you should not have any difficulty in getting bail, which is your right in a bailable offence. As regards merits of the case (i.e., whether you were in fault or the opposite party, and who was responsible for the accident), one cannot comment on the same without knowing the full details of the case. Defence can be planned only on knowing the details of the facts.

 

 

By the way, if the opposite party has received fracture in leg, as you have mentioned, then the proper section would be Section 338 of IPC (instead of Section 337 of IPC), though even Section 338 IPC is also bailable. So, to that extent, you must feel lucky that the police have applied a comparatively lighter section.

sen (engineer)     01 September 2014

Thanks @ Mr.Kalaiselvan, but sir , whether this will affect my career.

sen (engineer)     01 September 2014

Thanks Mr.Ashok, but the originality of the fracture is not confirmed. the opposite party made the complaint with the expired insurance , will the case will accepted or become void.

Ashok, Advocate (Lawyer at Delhi)     01 September 2014

Expired insurance policy of the opposite party may invite penalty under the Motor Vehicle Act, but it may not affect the offence under the IPC. Had it been driving without a driving licence or driving in a drunken condition, etc., on the part of the opposite party, then of course the situation might perhaps have been different. However, from the overall facts and circumstances of the case, it may still be possible for you to show that you were not at fault.

sen (engineer)     02 September 2014

thanks Ashok sir, only worry is it may affect my career.

T. Kalaiselvan, Advocate (Advocate)     05 September 2014

This will in no way affect your career, so be rest assured.


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