If you are stuck in such a situation, here is what to do.

Sometime back, Mrs. Kavita was involved in a minor traffic incident in the city of Alipur. She was driving her car at a controlled speed through an intersection when another vehicle, driven by an elderly gentleman named Mr. Singh, approached rapidly from a perpendicular road and collided with her car. The impact caused noticeable damage to Mrs. Kavita’s car, while Mr. Singh’s vehicle sustained only a minor scratch on its rear door.

Fortunately, no one suffered any injuries. However, a relative of Mr. Singh, Ms. Anjali, who was also in his car, began to verbally accost Mrs. Kavita. Maintaining her composure, Mrs. Kavita documented the scene by taking photographs of both cars. She suggested that they report the matter to the local police station to ensure a formal and fair resolution, as she was confident that she was not at fault.

Mr. Singh and Ms. Anjali chose to leave the scene without agreeing to go to the police. Subsequently, Mrs. Kavita visited the police station alone to seek guidance. The officer on duty suggested that since there were no injuries and the vehicle damage was manageable, it would be best to let the matter go. Following this advice, Mrs. Kavita did not file a formal complaint and proceeded to have her car repaired.

Unexpectedly, about a month after the incident, Mrs. Kavita received a notice that Mr. Singh had filed an FIR against her. The complaint was lodged seemingly as a tactic of harassment, citing violations under the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act. This has left Mrs. Kavita unsure of the appropriate course of action as she prepares to visit the police station.

Advice in such cases

Facing a delayed FIR can be stressful, but it is a situation that can be managed effectively with a clear approach.

• Stay Calm and Composed: Panicking will not help. Approach the situation with a level head.
• Gather Your Evidence: Collect all the evidence you have. This includes the photos you took at the scene, the bills for your car repairs, and any contact information of potential witnesses.
• Cooperate with the Police: It is crucial to cooperate with the investigating officer. Present your side of the story clearly and provide them with all the evidence you have gathered.
• Consider a Counter-Complaint: If you have strong evidence that the other party was at fault, you can discuss with your lawyer the possibility of filing a counter-complaint or a formal representation to senior police officers detailing your version of events.
• Explore Settlement: Often, in minor accidents, the matter can be resolved amicably. The police may also suggest mediation. If a reasonable settlement is possible, it can save you the time and expense of a prolonged legal battle.

Applicable Sections of Law

In such road accident cases, certain legal provisions are typically invoked. The FIR filed against Mrs. Kavita likely mentions sections related to negligent driving. While the complainant mentioned Section 284 of the BNS (which pertains to negligent conduct with poisonous substances and is incorrect in this context), the relevant sections are usually:

• Section 120 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses acts that endanger the life or personal safety of others. It is the new provision corresponding to the old Section 336 of the IPC. A conviction under this section can lead to imprisonment for up to three months, a fine, or both. It is a bailable offence.
• Section 184 of the Motor Vehicles Act, 1988: This law specifically targets dangerous driving. It defines driving dangerously as operating a vehicle at a speed or in a manner that is dangerous to the public, considering the nature, condition, and use of the place, and the amount of traffic. Penalties can include imprisonment and fines.

If you are the complainant

If you are in the position of Mr. Singh, having filed the FIR after a delay, here is what you should do:

• Justify the Delay: You must provide a convincing reason to the police and the court for the delay in filing the FIR. An unexplained delay can weaken your case.
• Provide Concrete Evidence: Your case will depend on the strength of your evidence. Submit any photographs, medical reports (if any), witness statements, or other proof to substantiate your claims.
• Cooperate Fully: Be available for any questioning by the police and provide all necessary information and documents to aid their investigation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in Mrs. Kavita’s situation, where an FIR has been filed against you, follow these steps:

• Attend the Police Summons: Never ignore a notice or summons from the police. Your cooperation is mandatory. Appear at the police station as requested.
• Present Your Defense: Calmly narrate your version of the events to the investigating officer. Show them the photographs you took, the repair bills, and explain that you had visited the police station on the day of the incident itself.
• Highlight the Delay: Point out the significant and unexplained delay by the other party in filing the FIR. This is a crucial point in your defense.
• Anticipatory Bail: While the offences are bailable and arrest is highly unlikely, if you have any apprehension of being arrested, you can consult your lawyer about applying for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In matters involving minor road accidents, the police generally act as mediators before proceeding with stringent legal action.

• Mediation First: Their primary approach is often to encourage both parties to reach a mutual settlement or compromise, as it resolves the matter quickly and reduces the burden on the judicial system.
• Investigation: They will record the statements of both drivers, any passengers, and available witnesses. They will also collect evidence like photographs and vehicle documents.
• Filing a Chargesheet: If no compromise is reached and the police find sufficient evidence to suggest that an offence has been committed, they will prepare a final report (chargesheet) and file it before the appropriate Magistrate’s court.

FAQs people normally have

Here are some frequently asked questions in such scenarios:

• Can an FIR be legally filed after a month?
  Yes, the law does not prescribe a strict time limit for filing an FIR for most offences. However, the complainant must provide a satisfactory explanation for the delay, as an inordinate delay can be viewed with suspicion by the court and may weaken the prosecution’s case.
• Will I be arrested for such a minor offence?
  Arrest is highly improbable for bailable offences like those typically invoked in minor accidents. The police are required to issue a notice of appearance under Section 41A of the BNSS, directing you to join the investigation. Arrest is usually reserved for more serious, non-bailable offences.
• Can the case be settled out of court after an FIR is filed?
  Yes. Many minor criminal cases, especially those arising from traffic accidents, can be “compounded,” which is a legal term for settling the case. This can be done with the permission of the court, and it has the effect of an acquittal for the accused.

What evidence is required?

Strong evidence is key to proving your case, whether you are the complainant or the accused.

• Photographs and videos of the accident scene, position of the vehicles, and damage sustained.
• Copies of the Registration Certificate (RC), Insurance Policy, and Driving Licence of both vehicles involved.
• Bills and receipts for any vehicle repairs undertaken.
• Contact details and statements of any eyewitnesses to the incident.
• CCTV footage from nearby shops, traffic cameras, or residences, which can provide an unbiased account of the event.

How long will the investigation take?

The duration of a police investigation in a road accident case can vary significantly. For a straightforward minor accident, it might be completed within a few weeks. However, if there are complexities, uncooperative parties, or a heavy caseload at the police station, the investigation and subsequent court proceedings can extend over several months or even longer.

Advocate Sudhir Rao, Supreme Court of India