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
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.
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
Plead guilty and pay the fine
it would not affect future career prospects
contested cases take years to be disposed of
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.
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.
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
Contesting the Case
Strategic Considerations
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.
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.
If you plead guilty and pay the fine:
If you fight the case:
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.