Legal Question in Military Law in India

I am in the Army and as I was leaving Army Headquarters in New Delhi, an army motorcycle driven by an army soldier hit the fender and the driver suffered a fracture. He was promptly taken for treatment in the Army Hospital. He still lodged an FIR against me on Sec 338 (Grievous Hurt) and 279 (Rash Driving) of the IPC at the Chanakyapuri Police Station.

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Am I liable to prosecution by the Civil Court ? If csummoned, can I take refuge under Army Act that since we are both serving Army personnel, the magistrate has no jurisdiction and the case be transferred to the Army ?


Asked on 4/12/10, 1:33 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the accident took place while u were on duty, you are not liable to be prosecuted but in case u were not only duty, u ll be tried as any other civilian. however, u may send the details of ur f.i.r. for a better opinion.

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Answered on 4/12/10, 1:58 am


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