MACT
3 months ago
Does Civil Procedure Code applies to MACT? If the accused have falsely implicated by registering FIR and arresting him, is it possible for accused to file Counter Claim against the Applicant? Under what provision?
A.Dear Client,
The Civil Procedure Code (CPC) is primarily applicable to civil suits, and Motor Accident Claims Tribunals (MACT) proceedings are distinct from regular civil suits. MACT operates under the Motor Vehicles Act, and its procedures are governed by the principles of natural justice.
If an accused in a criminal case, arising from an FIR and arrest, believes they have been falsely implicated, the recourse is generally through criminal defense proceedings rather than a counter-claim in MACT. In MACT cases, the focus is typically on compensation for victims of motor accidents.
However, if there are exceptional circumstances where the accused believes that the FIR is directly connected to the motor accident claim or the compensation sought, it may be prudent to consult with a legal professional to explore available options. They can guide you on the most appropriate legal avenues, whether through a defense in the criminal case or any relevant legal recourse within the framework of motor accident claims. The Magistrates could play a vital role in dealing with counter-cases. When a case is instituted, whether generally or otherwise than on a police report under Section 17319 of the Code of Criminal Procedure, 1973 and it is made to appear to Magistrate currently conducting the inquiry or trial of such a case that an investigation by the police on that subject-matter is in process, the Magistrate will stay the inquiry or trial pending before him. He shall call for the report from the police officer conducting the investigation.
Thankyou
The Civil Procedure Code (CPC) is primarily applicable to civil suits, and Motor Accident Claims Tribunals (MACT) proceedings are distinct from regular civil suits. MACT operates under the Motor Vehicles Act, and its procedures are governed by the principles of natural justice.
If an accused in a criminal case, arising from an FIR and arrest, believes they have been falsely implicated, the recourse is generally through criminal defense proceedings rather than a counter-claim in MACT. In MACT cases, the focus is typically on compensation for victims of motor accidents.
However, if there are exceptional circumstances where the accused believes that the FIR is directly connected to the motor accident claim or the compensation sought, it may be prudent to consult with a legal professional to explore available options. They can guide you on the most appropriate legal avenues, whether through a defense in the criminal case or any relevant legal recourse within the framework of motor accident claims. The Magistrates could play a vital role in dealing with counter-cases. When a case is instituted, whether generally or otherwise than on a police report under Section 17319 of the Code of Criminal Procedure, 1973 and it is made to appear to Magistrate currently conducting the inquiry or trial of such a case that an investigation by the police on that subject-matter is in process, the Magistrate will stay the inquiry or trial pending before him. He shall call for the report from the police officer conducting the investigation.
Thankyou
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A.Dear Client,
The Motor Accident Claim Tribunal(MACT) established under the Motor Vehicles Act has been held to have trappings of a Court and though it is not enjoined by law to observe all rules and the procedures contained in the Civil Procedure Code and in the Evidence Act, it has to decide the matters before it fairly and objectively and the Tribunal has the inherent jurisdiction to enforce its orders following the CPC. Being falsely accused of a crime is a serious matter that can significantly impact your life. You may have legal recourse against the person who falsely accused you. This could include defamation, malicious prosecution, or false imprisonment claims. These civil actions can help you recover damages for any harm caused by the false accusation. To address a false complaint filed against you, you can seek its quashing through a petition under Section 482 of the Cr. PC,1973 which empowers the High Court to dismiss criminal proceedings against the accused. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and shall also be levied fine. Further, Section 193 of the Indian Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence that may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine.
The Motor Accident Claim Tribunal(MACT) established under the Motor Vehicles Act has been held to have trappings of a Court and though it is not enjoined by law to observe all rules and the procedures contained in the Civil Procedure Code and in the Evidence Act, it has to decide the matters before it fairly and objectively and the Tribunal has the inherent jurisdiction to enforce its orders following the CPC. Being falsely accused of a crime is a serious matter that can significantly impact your life. You may have legal recourse against the person who falsely accused you. This could include defamation, malicious prosecution, or false imprisonment claims. These civil actions can help you recover damages for any harm caused by the false accusation. To address a false complaint filed against you, you can seek its quashing through a petition under Section 482 of the Cr. PC,1973 which empowers the High Court to dismiss criminal proceedings against the accused. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and shall also be levied fine. Further, Section 193 of the Indian Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence that may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine.
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