Viki Viki 31 October 2020

Motor accident case - drunk and drive person causing grievous injury - ipc 307 ? is applicable ?

My Father ( 54yrs) with his aid ( 62 yrs ) met with Road accident while travelling in two wheeler . Accident caused by Opponent who was under influence of alcohol and directly hit two wheller with this Car and incident took place on 2rd oct 2020 in state highway . Both victims had mutiple fracture in both upper and lower limbs . Of two , Victim 2 was discharged on 17th of oct post major surgery and My father victim 1 was still in hospital due to major fracture involving whole left leg and doctors also not sure of my father regaining same health status as eariler before accident ( from him already 4 surgerys doctor have done ) . Local police arrived at spot on day accident and filed FIR under IPC 297 / IPC 337 / MVC 185 . With Fracture certificate i plan to request IO to book case under IPC 338 ( Since injuries were grevious in nature ) While discussing about above things , i came to know what " PERSON UNDER DRUNK AND DRIVE CAUSING GREVIOUS INJURY " CAN BE BOOKED UNDER IPC 307 ; If above statement is true then i can request IO to change FIR FROM 337 TO 338 AND TO ADD IPC 307 . Under statement that " Drunken person who caused accident have no intention but he have knowledge that Drinking and driving car can cause accident that may end up causing either injury or death of both . Request your valuable input to take forward on this . Thanking you in advance

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6 Replies

BASKI Manickam 31 October 2020

dear Viki. good afternoon. 307 is required intention and knowledge to do attacking. but here knowledge was present. here intention was not available. hence section 307 is not applicable.

section 185 of mvi act read with 279 and 338 of IPC will be registered

Suri.Sravan Kumar (senior) 31 October 2020

after conducting inquiry the police will file charge sheet U/S 338 IPC and other sections of law. Sec 307 depends upon the test to prove drunk and drive. You need not worry police will mention every thing in charge sheet.

Advocate Bhartesh goyal (advocate) 31 October 2020

No case u/s 307 I.P.C is made out .Police has to register case u/sec 279 read sec 338 IPC .

Pradipta Nath (Advocate) 31 October 2020

Your stand of argument is strong to its own cause but has no weightage in the lower forum, because these sort of arguments are rarely valued over there. In case you are not happy to be sections levelled you can go for appeal and have your point of interpretation.

Sourav Pal 03 November 2020

Dear viki.. Sec. 307 doesn't apply..Sec. 307 will apply when there are intention, preparation and commit ..But there is only commit, you wouldn't prove intention and preparation.. Sec.279 and sec. 338 always apply in this case after investigating by I.O.

Viki Viki 11 November 2020

Thanks alot and Sorry for delay to replay .

Our concern was that Person who did crime was influential because of which on Day of crime police reported him to taluk GH where Drunken certifcate was given but Person didnt allowed dr to take sample .

GH Dr menthioned that Person under influance alcohol under conclusion of " Fruity smell " and he also documented that " Person not willing or allowing to take blood sample "

Will evidence of Drunken certificate alone can withstand in court ?

TIA