Asked April 20, 2017

Car Accident

  • 2 Answers

My car met with an accident in 2012, and hit a 65 year old who suddenly crossed the road in his motorcycle. He passed away exactly after a month. I am booked under 279,304(A). its 4 and 1/2 years now and the case is going on. the police is not bringing the witness. I am attending the summons. Please let me know if there is any process to bring the witness to court. Thankyou

Answers 2

Firstly, It's not your job to bring the witness to court and secondly, you are seeking a wrong remedy here. I presume, your aim is to get acquitted from the charges you are booked with or disposal of the case as soon as possible. You are charged with Section 279 of IPC for rash driving, punishment for which is imprisonment for a term which may extend to six month or fine which may extend to one thousand rupees, or with both. In addition to this you are also booked under Section 304A of IPC for causing death by negligence. Punishment for this is imprisonment for a term which may extend to two years, or with fine, or with both.

Now Section 468 (2) (c) of Code of Criminal Procedure, 1973 bars the court from taking the cognizance of an offence after the expiry of period of limitation of three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. Neither of the two sections you are charged with has provision of punishment with imprisonment for a term exceeding three year. For the purpose of Section 468, the period of limitation, in relation to offences which may be tried together (rash driving and death by negligence in your case), shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment (death by negligence which provides for imprisonment for a term which may extend to two years, or with fine, or with both in your case). Since, your case is going on from last 4 and a half years therefore, it's well past the limitation period now.  So you should file a petition for quashing of the criminal proceeding initiated against you.

Agree Comment 1 Agree over 3 years ago
  • Default avatar
    Thank you for valuable suggestion and your time Rahul. I will check with my lawyer for filing a petition. Also, you have mentioned there will be fine and imprisonment both in my case as a severe punishment. Should I face the imprisonment after the judgement,Please let me know, Thanks once again
    Agree 0 Agrees over 3 years ago

To clarify Sir, when there are two or more charges, the period of limitation is seen in respect of  that charge which have provision for more or most (in case of more than two charges) severe punishment. In your case out of rash driving ( Section 279 of IPC) and  causing death by negligence ( Section 304A of IPC), later one has the provision  of imprisionment for 2 years with fine which is less than three years as prescribed by 468 (2) (c) of Code of Criminal Procedure, 1973. The court in my opinion should not give any adverse judgment to punish you in this matter.

So you should immediately pray for quashing of the proceedings on this basis. As per Section 468(2) of CrPC you should be acquitted as your case is barred by limitation.  

Agree Comment 1 Agree over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.