IPC 338

Sec80 of IPC Act. Accident in doing a lawful act

Nothing. is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Illustration

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

sir one more help. what is the criteria for getting imprisonment? cant the judgement be only fine? what should i do for judgement as getting only fine,  any other alternative like speaking to them again for taking case back? can the FIR be cancelled?

Sec 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation. --It is question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations:

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down to boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act. A is not guilty of the offence.

sir according to section 132 and 134, can my judgement be lessend to only fine?

can i be proved innocent? please tell me what to do? should i fight the case or call them for money and take case back? i was facing full of mental tension, i cant even concentrate in my studies even.. i have evidence like his friend beat me after incident, i have proves like finger prints on my cheek when he beat me, certified by doctor.

FIR is not an evidence ok... It's just First Information Report which is prepared by police based on first information...  So don't worry... you speak about Sec 80 and Sec 81... you explain before court.. Now a days passengers are so negligence to rash the road... for example if see Chennai central rail way station signal.. Lot of people are crashing the road while green signal and moving car, bike, auto... because of their carelessness only they met accident.... And they are blaming the driver... it's the duty to crash the road safely by passengers..

thank you for your valuable time sir, im relieved with some tensions, still i have fear of going to prison if court orders so.. my last questions..

my bike doesnt have insurance, will it be a problem?

can the judgement be only money? what should i do for it?

thank you for your valuable time sir, im relieved with some tensions, still i have fear of going to prison if court orders so.. my last questions..

my bike doesnt have insurance, will it be a problem?

can the judgement be only money? what should i do for it?

and one more thing sir, as its his locality, he may bring false proves and evidences to the court? then?

Try to get bare date insurance before accident...ok...

they are asking money know.. Do u have proof for that...

We can argue for money only they have suit against me.....

can we bring proofs from telephone operators?

reply fast i'm going to leave now...

they are asking for 60000rs infront of police and giving warning infront of police that they will spoil my career, police scolded him

they'll not record... have u recorded in ur mobile.... then it's ok.. and we can show mobile bill or statement for additional proofs.. here after if they  have called u.. you record everything....