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FIR UNDER BNS 281 AND 106 in accident in car and bike in which both di


23-Aug-2026 (In Motor Accident Law)
If there is no fault of driver of a car and bike rider is on full fault then how the car driver will be punished in the final judgement
Answers (5)

Answer #1
505 votes
case can be filed in the motor accident claim Tribunal in which you have to show prove of your injury sustained and loss of earning once that is done then the driver would be asked to compensate you can also initiate the same against
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Advocate Shambhavi Sharma

Adv. Shambhavi Sharma

LawRato Delhi | 50+ Answers
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Answer #2
549 votes
It is to read out and understood from the judgment as to what reason has been given in the judgment for holding the car driver responsible. In case the car driver isn’t responsible then evidence will have to be read and seen what has come out in trial
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Advocate Parth Chaturvedi

Adv. Parth Chaturvedi

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Answer #3
789 votes
For criminal liability, prosecution must prove the driver’s rashness/negligence and causal connection with the accident. In a death case, BNS Section 106 applies only where death is caused by a rash or negligent act. � India Code. In an MACT claim, the position is different: the Tribunal determines compensation based on the evidence regarding negligence and may consider contributory negligence.
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Advocate Madhvi Chopra

Adv. Madhvi Chopra

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Answer #4
985 votes
In a motor accident claim, the first thing to establish is negligence. If the evidence clearly shows that the car driver was not negligent and the accident occurred solely due to the rash or negligent conduct of the bike rider, the car driver cannot be held liable merely because his car was involved in the accident. In an MACT proceeding, the issue is primarily compensation and not punishment. If there is a separate criminal case, the prosecution still has to prove the required negligence or rash driving against the car driver. Therefore, if the car driver is found completely free from fault, he should not be punished or made liable merely on the basis of the occurrence of the accident.
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Advocate Mohit Kumar

Adv. Mohit Kumar

LawRatoDelhi | 25+ Answers
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Answer #5
742 votes
It depends on how the police has presented the facts. Now two cases are registered, 1) MACT 2) Criminal You need to contest both of them, as MACT will help you knowing their story and will help you lay down your defence which will help you in Criminal case. Since FIR is also registered u/s 106 BNS; therefore you need to be vigil and hire a professional to help you get out from the mess.
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Advocate Kanav Gupta

Adv. Kanav Gupta

LawRatoDelhi | 5+ Answers
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