Accident case,will court listen the story also i have proofs

913 votes

You are not criminally liable for the accident since you neither drove nor gave the bike to the person who caused it . However as the vehicle is registered in your name police have added you for formality. Immediately file a written statement before the investigation officer and in Court stating the bike was used by your cousin and further given to another person without your knowledge . Engage a lawyer and move for discharge under CrPC to remove your name from the charge sheet . Civil liability will be covered by insurance not you personally .

Advocate Pavani Kumari LawRato

779 votes

Since the vehicle stands registered in your name, liability under Motor Vehicles Act is presumed against the registered owner. However, as per law, if you prove that actual possession and use of the vehicle was with your cousin/third party, and you had no role in the accident, criminal liability will not sustain against you. Civil liability towards compensation may arise, but the insurance company generally bears that responsibility. Your remedy is to move for discharge/quashment of proceedings under Sec. 239/245 CrPC (BNSS equivalent provisions now) by showing that you were not in possession or control at the time of accident. Further, you can file affidavit and supporting evidence that EMI, down payment, and actual custody was with your cousin. Thus, you cannot be fastened with criminal liability merely on ownership without involvement. For further legal guidance and case-specific remedies, you can call me freely for assistance.

Advocate Billa Gowtham Raju LawRato