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Punishment in case of section 338
26-Apr-2023 (In Criminal Law)
We had an accident on highway where a motorcyclist suddenly took a turn from left side and inspire of us putting breaks he was so near to the car and he dashed into bumper and glass was broken. Now he has filed a case with police and they listened to our version also. But in FIR it is reflected as we are criminals. He was not wearing helmet also. He and pillion rider had injuries. We have all documents of vehicle correctly. But police say that it is big vehicle owner always punished in such cases. Now my question is whether we have to file complaint or simply attend court and pay fees. Is that true that after paying fees our case will end there?
What are the nature of injuries suffered by him? You can not file another complaint but you can shift if there is any liability to your insurers to pay compensation to the motorcycle owner.
Adv Jamal Sait
Bangalore
Adv Jamal Sait
Bangalore
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Adv. Jamal Sait
Bangalore | 400+ Answers
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Hi Veena
To your last query about paying of fees and getting out of thw trouble, it is not as simple as that. In a criminal case for negligent rash driving you have to go through the trial process and if the judge feels that mere payment of fine is sufficient as penalty then you have less to worry about in the end but that depends on the trial itself otherwise the judge has the authority to sentence the driver of the offending vehicle to imprisonment.
You don have to worry about the tone of the FIR because FIR is basically the allegations of the complainant and whether the complainant will be able to prove those allegations is a matter of trial which you should attend upom receiving summons from the court. On your query about filing a counter complaint you can file such complaint if you can show the other person has done some criminal acts like extortion, initimidation or rash and negligent driving on his part and you have to do that if you want claim compensation to the damages caused to your vehicle also so it is advisable to follow up filing a complaint without any more delay upon further discussion and learning a lot more facts.
Know that you might have to face compensation claim proceedings as well.
To your last query about paying of fees and getting out of thw trouble, it is not as simple as that. In a criminal case for negligent rash driving you have to go through the trial process and if the judge feels that mere payment of fine is sufficient as penalty then you have less to worry about in the end but that depends on the trial itself otherwise the judge has the authority to sentence the driver of the offending vehicle to imprisonment.
You don have to worry about the tone of the FIR because FIR is basically the allegations of the complainant and whether the complainant will be able to prove those allegations is a matter of trial which you should attend upom receiving summons from the court. On your query about filing a counter complaint you can file such complaint if you can show the other person has done some criminal acts like extortion, initimidation or rash and negligent driving on his part and you have to do that if you want claim compensation to the damages caused to your vehicle also so it is advisable to follow up filing a complaint without any more delay upon further discussion and learning a lot more facts.
Know that you might have to face compensation claim proceedings as well.
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Adv. Poonam DN
Bangalore | 25+ Answers
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Dear Sir,
Please understand that it is not fee but fine. It will be a stigma on your future career if known to your enemy. Normally nothing happen. Get it quashed by approaching the High Court or get it compromised. Please come to my office otherwise getting Visa etc become difficult in future.
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Section 338 in The Indian Penal Code
338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisÂonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Please understand that it is not fee but fine. It will be a stigma on your future career if known to your enemy. Normally nothing happen. Get it quashed by approaching the High Court or get it compromised. Please come to my office otherwise getting Visa etc become difficult in future.
=======================================================================
Section 338 in The Indian Penal Code
338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisÂonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Helpful?
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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