• Two wheeler road accident

Sir,
In a road accident case, two two-wheelers collided, resulting in injuries to both riders. One rider sustained a fracture and was admitted to the hospital, while the other rider suffered minor wounds and received treatment in the hospital. An FIR was filed against the rider with minor injuries.
The minor-injured rider was crossing the traffic junction when the signal light was green, traveling at a speed of 40 km/h. The other rider, who was injured more severely, came from the right side and took a turn towards the right without noticing the oncoming two-wheeler. Additionally, a van obstructed the view at the junction.
When the police were asked for the CCTV footage, they orally stated that it was not available. In the FIR filed by police under section 125A and 281 of BNS 2023 police did not mention the injured rider coming from left of the road and moving towards the road at intersection to the right side. (T Junction) The charge sheet is not yet filed.
In this background, is it better for the minor-injured two-wheeler rider to plead guilty, pay the fine, and close the matter, or fight the case in court? What are the repercussions of both actions? Especially, if pleaded guilty how it affects the government employment, going abroad and insurance part. I seek your good advice, please.
Asked 4 days ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

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8 Answers

If he pleads guilty and only fine is inflicted then he will not be affected but if any conviction is sentenced then he may have issues. It’s better to contest the same and get the same settled in lokadalat

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Plead guilty and pay the fine 

 

it would not affect future career prospects 

 

contested cases take years to be disposed of

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

A guilty plea may result in a fine.

Contesting the case may involve legal fees and time spent in court..

If evidence indicates the other rider is at fault, contesting the case may be more advantageous than pleading guilty.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

The punishment under Section 125 and Section 281 of the Bharatiya Nyaya Sanhita (BNS) depends on the nature of the offense and the harm caused: 

Section 125

This section deals with acts that endanger human life or personal safety due to negligence or recklessness. The punishment increases with the severity of the harm caused: 

Minor harm: Up to three months in prison, a fine of up to ₹2,500, or both 

Grievous harm: Up to three years in prison, a fine of up to ₹10,000, or both 

Section 281

This section deals with rash driving or riding on a public way. The punishment is up to six months in prison, a fine of up to ₹1,000, or both. The court may impose both imprisonment and fine depending on the severity of the offense. For example, a motorcyclist speeding through a crowded street, weaving between pedestrians and other vehicles, endangering lives, would be classified as rash driving.

Pleading guilty and paying fine also can be considered as conviction.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

  1. Your chances to any job/visa clearance are affected only if you commit any offence involving moral turpitude. An accident is an accident, it can happen with anyone without any intention to commit it. It will not impact your police clearance.
  2. It is better to pay up fine amount and get out to it. I presume you have valid driving license and insurance. If you have time you can contest the case, it will take years and you will be locked during such time.
  3. There is other certainty, injured will file petition for compensation under Motor Vehicle Act. It should not worry you as the insurance will take care of it.
  4. After payment of fine amount, submit closure of case report to police so that your clrarence is held up.

Ravi Shinde
Advocate, Hyderabad
4263 Answers
42 Consultations

In the situation you've described involving a road accident and the subsequent legal proceedings, the decision to plead guilty or to contest the charges in court should be considered very carefully. Here are the key factors and repercussions to weigh:

Pleading Guilty


  • Immediate Consequences: Pleading guilty can result in a quicker resolution of the case, potentially involving the payment of a fine and avoiding a lengthy legal process.

  • Record of Conviction: A guilty plea will result in a criminal record for traffic violations, which might have broader implications, especially for government employment or visas for international travel. Government jobs often require disclosures of any criminal record, and certain convictions can disqualify a candidate.

  • Insurance Implications: A conviction could lead to higher insurance premiums or difficulties in obtaining insurance coverage in the future, as insurers may view you as a higher-risk individual.

  • Simplicity and Cost: This route may be less costly and less complex than engaging in a protracted court battle.

Contesting the Case


  • Chance to Clear Name: By contesting the charges, there is an opportunity to potentially clear your name, especially if there are mitigating factors or evidence that can be presented in your defense, such as the traffic light being green and the other rider's failure to notice the oncoming vehicle.

  • Legal Representation: It would be essential to hire a competent lawyer who can help challenge the FIR’s accuracy and argue your case effectively based on the facts and any available evidence like the position of the van obstructing views or testimonies about traffic signals.

  • Potential Acquittal: If successful, you could avoid a criminal record, which is preferable for future employment, insurance, and travel.

  • Cost and Time: Contesting the charges can be more time-consuming and expensive, requiring a greater commitment of resources and possibly enduring a lengthy legal process.

Strategic Considerations


  • Evidence and Witnesses: The availability and strength of evidence, including any witness statements or other forms of proof like photographs from the scene, will play a crucial role in the feasibility of contesting the charges.

  • Legal Counsel: Consulting with a lawyer who specializes in traffic accidents and criminal law is crucial. They can provide a realistic assessment of the chances of success in court and guide you through the process.

  • Long-term Impact: Consider the long-term implications of having a criminal record versus the benefits of clearing your name. In many cases, if the evidence strongly supports your version of events, it might be beneficial to contest the charges.

Given the complexities involved and the significant implications for your future, professional legal advice is essential. A lawyer can help you understand the full scope of the repercussions and can represent you effectively, whether you decide to plead guilty or contest the charges.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
322 Answers

 

Dear Client,
In this case, the road accident, a decision has to be made on whether or not to plead guilty to the case or contest the case, weighing the decision against the legal implications. A plea under sections 125A, Negligent Driving and section 281, Reckless Driving, BNS, 2023 might settle the issue by the payment of fines but carry heavy long-term ramifications. A conviction, even with a fine, will establish a record that will not only count against your obtaining employment from the government, which tends to request on an application whether any candidate has legal convictions, but may also present problems when applying for visas for abroad travel because most countries review legal histories for criminal offenses, even minor ones.

From an insurance point of view, pleading guilty will compromise your bargaining power relating to the compensation or defense for counterclaim since it shall be considered as a confession of guilt. Even that, you have a very valid reason to contest the case in the courts since there is no clear-cut CCTV footage, and also since the FIR does not clearly reflect on the circumstances that are witnessed. You could always argue that this accident happened due to the negligence of the other rider by not noticing your vehicle due to his obstructed view at the junction.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

If you plead guilty and pay the fine:


  • Quick resolution but could impact government jobs, visas, and insurance claims due to a criminal record.

If you fight the case:


  • Chance to prove innocence and avoid a criminal record, which is better for future employment, travel, and insurance.
  • However, it may take time and incur legal costs.

Weigh the strength of your evidence and long-term goals before deciding. If strong evidence is on your side, fighting the case may be better.

Aman Verma
Advocate, Delhi
38 Answers

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