Quote:
Originally Posted by androdev @R.Kotwal, that is very useful info.
Unfortunately I did not do the right thing for several reasons.
1. I was not driving and not at the scene to ascertain the facts.
2. It is a rural police station outside my hometown and all the proceedings were in Kannada. My person who knew Kannada that was with me was legally-ignorant (which I came to know much later)
3. So the case was registered on my driver and when I protested it is not our fault, I was firmly told the case will always be registered on the bigger vehicle. And quite sadly when I called up few people in Bangalore, I was told these two IPC sections are very routine and not to worry about. Police also told me going at high-speed (without proving) is the basis for this.
4. Everyone gave me the impression that this is how stuff works - you know how frustrating it is sometimes when you reason rationally with police.
5. Police have a vested interest to log the complain against the party that has the potential to pay - they get nothing by registering a complaint against the auto.
6. I was told if I don't register a complaint this way (rash driving, etc.) they would have to wait for the victim to register a similar complaint and that may delay my vehicle's release, etc. with same liability. |
I couldnt let this post go unreplied because some very crucial issues are raised by Androdev with regard to tackling the criminal liability of a driver involved is such a misadventure. Its more complicated because of a permanently corrupt law enforcement agency, and the unpreparedness of the unsuspecting vehicle owner to handle such a situation that ususlly comes without warning.
Not that it would necessarily make a difference to the way Androdev has chosen to tackle the case, he's the man on the spot and I'm sure by now he would have his game plan ready, especially when we know how challenging it is to wriggle out of such situations with the Police on one side and the injured on the other, - I will try to de-mistify the points that Androdev made above, with the hope that when any of us , god forbid faces such a situation ever, then at least we could have our basics right.
Point 1: That is understood and natural.
Point 2: Common mistake. Always take someone who has some knowledge of police procedures/ has influence/friendshipwith the police. If not possible, then call someone on your phone who is conversant with the thing, or who has experience of dealing with legal issues and let him do the initial talking with the police. If you have a friend, or a friend's friend who is in the police, or is ex-police, request them to speak to them. This will deter any malicious plans that the police may have on how to lie to you, scare you and then, milk you.
Point 3: Yes, the people whom you called up in Bangalore were right when they said that the case was of a routine nature. Its routine till the driver is ok. Hopefully, the driver may have been discharged already? Second, the explanation of the police to say that 'they have to register a case on the bigger vehicle' is pure bull****, and that just shows the quality of their training, intelligence and conviction at the police station levels. There is no such law or rule that supports that theorey.
Point5: Well, you'll be surprised to know how easy it is for the police to make things worth their while. They will milk all, whether or not a case is registered . Ironically, it is also true, that the police tends to lose out when they register a case. Look at it like this- Why would anyone pay the police when they have already registered a case that would be finally judicially determined by the court?! wouldnt it make more sense for the police to ask the price of not registering a case at all (in cases where no human lives are involved)?! Conversely, if they have registered the case, then what stops them from scaring people more by lying more about making a strong case, unless ofcourse they give in. They need uneducated , and scared citizens out there to make a living , and India has plenty
Point6: This is totally incorrect. It doesn't happen like that. Lodging of FIRs are time bound. You can delay lodging it somewhat with respect to the actual time of commission, but to think that the police station waits for the injured to get out of the hospital in a vehicular accident case and then lodge an FIR is totally unheard of and highly irregular!
One last point. There are many good and honest police officers up the chain. It is a good idea sometimes to pay them a visit and ask for their help. The key word here is to understand to take recourse to them only if if you have a fool proof honest case. In 'all other circumstances', your local friendly SHO is the best bet. So keep him covered.
Good luck