Naveen kumar H.L (ASE) 26 October 2009

IPC-279 imposed forcebly

Hi,

This happened last sunday when me & my friends were travelling in bikes(2) to a near by mall, we were 6ppl & distances to mall is also near, so we went 3 in one bike but on the way kerala police caught us ...then they took us to police station! As we got transfered from bengalooru to kochi just couple of months back, so we were not able to comunicate with them, we made lots of effort to tell them that we r sorry & wont reprte it again but they never listen...they filled 279 on us...wanted to know is tirple riding comes under 279(rash driving)...can we fight back...

one of them also told that as its month end they have to reach the target of minimum cases thats why they r doing this!..what should be proper procedure,how we procede,should we just pay the fine(1000rs each) or can we fight ....pls help

Thanks & Regards,

Naveen Kumar H.L

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5 Replies

Suchitra. S (Advocate) 26 October 2009

Naveen ji, tripple riding is not allowed . According to Motor vehicle Act, a fine of Rs100 for first time offenders and Rs.500 for subsequent offence can be collected. S.279 IPC speaks about rash and negligent driving and so, tripple riding doesnt come under this section.

1 Like

Feroz M Shafeeque (Police Officer) 26 October 2009

Sad that you are implicated under false sections of law.

The offence of triple riding attracts a fine of Rs.100 only as per Sec 128 r/w 177 of MV Act.

The FIR registered will be having only the ingredients of 279 IPC like rash and negligent driving and not of triple riding. Other wise the conserned section will also come in the FIR.

I do not think it is worth defending the case considering the amount of fine and time of trial proceedings involved. Any how do sent a complaint to Commissioner of Police, Kochi City regarding the incident. You can very well use the email id of the CP which is available in the web site of Kerala Police.

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Naveen kumar H.L (ASE) 26 October 2009

Thanks suchitra & feroz for ur feed back,

this was my first time, they could have excused us !

sure feroz i will mail kerela CP..

Thanks & regards,

Naveen Kumar H.L