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Accidental death of child driving without license. Can i be arrested?
27-Feb-2023 (In Criminal Law)
Sir i met with an accident 6 months ago ,i was driving my car with my family inside suddenly a boy riding a bike coming from oppsite wrong side in high speed hit my car .and after he was shifted to hospital by me and some local persons he was died and he was riding the bike without halmet .insurance and he does not hold valid driving license .i was booked with RPC304A.279 charges i hold a valid driving licence and all the other documents of vichle .my trail is going and all the witness are with me .now i want to know when he is not (boy who died) not valid to drive any vichle on road Is it my fault that he died on road by riding bike in a very rash manner.plese reply me sir.
Whether he was having a valid license or not that is different matter, he was driving from wrong side is also a different matter. Yes a death has happened then you will be prosecuted under 304 and 279, but as you said witnesses and all eveifences are in your favour then 90% chances are that you will be acquitted from this case but it will take time and years, no need to worry.
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Adv. Vijendra Rai
Mumbai | 100+ Answers
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Above section 303A n 279 are bailable one so police can grant u bail at police station without arrest but u should take advice to came out of this case, otherwise u may harassed by police n long trial..
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Adv. Kirtikumar K. Kadu
Nagpur | 25+ Answers
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In this case, there are two laws are applicable, namely, Criminal case under Indian Penal Code.(IPC) and Civil case under Motor Accident Claims Tribunal under Motor Vehicle Act.
As far as the Criminal case is concerned, the police must have filed a FIR, Panchanama and must have taken a statement from witnesses and the case must be going on for proving the negligence from both the parties responsible for the accident & you should take up the possibility of Contributory negligence from the part of deceased Motorcyclist.
As far as MACT case is concerned, you don't have to worry so much and your insurance company where your car is insured with if at all you receive a summons.
As far as the Criminal case is concerned, the police must have filed a FIR, Panchanama and must have taken a statement from witnesses and the case must be going on for proving the negligence from both the parties responsible for the accident & you should take up the possibility of Contributory negligence from the part of deceased Motorcyclist.
As far as MACT case is concerned, you don't have to worry so much and your insurance company where your car is insured with if at all you receive a summons.
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Adv. Johnson Thomas
Mumbai | 25+ Answers
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