Section 279 n 338

Hi 

In general in motor vehicle accidents, courts will not order for imprisonment for first time offender's. In worst case scenario, the courts will only levy a penalty on first time offenders. 

Also in your case, the judge has asked you whether you were involved in an accident or not. 

Please note that the judge has to frame charges, examine the lady, cross examine you etc and hence the process is lengthy and you do not need to be afraid. 

To brief you in general on section 279 and Section 338 of IPC the penalties for both the  offences are either imprisonment OR  fine and hence courts in general will levy a fine only as the lady is alive and also that the lady has not suffered any permanent disabilty because of the accident. 

Under section 279  the penalty is  im­prisonment is  for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Under section 338 of IPC ( Causing grievous hurt by act endangering life or personal safety of others) the penalty is impris­onment is for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Hope this information is useful. 

always act as per the advice given by your counsel....your lawyer is master of his case....

in your case it seems that the court was framing the charges for the purpose of initiating trial...

The criminal case u/s 279/338 IPC has started, miles to go for final judgment.

Concentrate on the guidance of your lawyer till you have faith in his/her sincerity, ability and agility without seeking second opinion even if it is available FREE OF COST, as you have posted this query. 

Originally posted by : Arindam datta
	I am a govt employee sinxe last 1 year.i am not confirmed yet as my probation period is 2yrs.so will it affect my service life if i vevied fine??

There is going to be no completion of probation during the pendancy of the case.

in case you are convicted then no chargesheet/inquiry need to be done by deptt for dismissing you from service.

Have you informed the deptt in writing that you are on bail.  If you have not informed then this is another cause of chargesheet by the deptt.  This will also hamper completion of probation.

You appear to have lost chance of amicable settlement.  You may still considerinr falling on feet of the complainant and begging for mercy.

Those not aware of the danger to your job may advise you to the contrary.

Originally posted by : Arindam datta
	I met with an accident 4yrs ago.the case is still going on in the local court.today i am on the witness box.the judge told me the whole case and asked me that whether i met with the accident or not.that is why i answered 'yes'.but suddenly he started writing withiou asking me another question and thought that i am willingly admiting that i am the sole cause of the accident.but the accident didnt took place because of me.the lady fall upon my motor vehicle and losing control i hit her.the lady caused some minor injury.the next date of my case is on 29th may.please suggest whether on that basis the judge can convict me guilty?every documents are in force and i also had driving license with me that time.if he convicts me then what is the maximum punishment i have to face?they charged me with 279 and 338.please reply as soon as possible.

Having all documents like RC, license, emmision, insurance wont let you get away with injuring someone on the road.  Those documents are required as they are made compulsory by RTO to have while driving.  How grave was injury?  Depends entirely on it your going to jail.  Your license will be cancelled for sure, that much I can tell.

Under 279 you go jail 6 months if proved.  Under 338 you go jail 2 years if proved.  Both proved. 2 and half years in jail.  Best is to compromise with opposite party pay some cash and get rid of case.  Did you not learn anything from salman?