Phani (Lead) 26 August 2009

POLITICAL MIGHT OVER COMMON MAN

I was driving on a straight road at about 50Kmph and a VIP car made a U turn into my road without any warning and our cars collided. I was booked under Sec 279 without any investigation even though it was clearly hte mistake of a the car that belonged to the VIP. Unfortunatley, he was in the car and i suspect that the police were under pressure to act. Both our cars were damaged but no injuries to anybody. Even the police report said that. However section 279 was invoked on me. Two questions, is this a compoundable offense, second, what is the best line of defense in such a case.

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Dharmesh Manjeshwar (Advocate/Lawyer) 26 August 2009

Hi Phani, Well sad to hear about the incident .... but that's the order of the day in our country ....

Sec - 279. Rash driving or riding on a public way.--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 description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

This is non compoundable offence .... Best line of defence would be to prove that there was no rash or negligent behaviour on ur part .... U just have to prove that U were not rash & negligent ... I've seen many courts putting a fine of Rs. 1000 - 2000 when the Accused pleads guilty before the Court ... but then this will be a Conviction for committing the said offence.