Community › Forums › Legal Advice India › Got a BNSS Sec 35(3) notice after a bike accident. Opposing party is a lawyer claiming it’s only for 3rd-party insurance and promises to close the case for free later. Should I trust this? [Gujarat]
- This topic has 0 replies, 1 voice, and was last updated 2 months, 2 weeks ago by
Alphaeagle9706.
-
AuthorPosts
-
-
AAlphaeagle9706
PARTICIPANT
April 13, 2026 at 5:42 am**The Incident:**On April 1st, I was riding a friendโs bike (TVS Ronin) to my university. I was not wearing a helmet. The road was empty, but a guy ahead of me on a Platina abruptly changed lanes into my path, leading to a major collision. Everything was a blur, but we both ended up hospitalized.
I got 5 stitches on my head. Unfortunately, the other person suffered severe injuriesโhis right side was paralyzed, and he was in the ICU for 4-5 days. He has now been discharged.
**The Legal Situation:**
Initially, we mutually agreed not to file an FIR. However, a few days ago, I was called to the local police station and served a notice under Section 35(3) of the BNSS. An FIR has been filed against me under BNS 281, 125(A), and sections of the Motor Vehicles Act.
**The Complications & My Suspicions:**
Opposing Party is a Lawyer: The injured person’s brother is a lawyer and is handling everything. He told me not to worry at all. He insists the FIR is strictly to claim the 3rd-party insurance on my friend’s bike for the massive hospital bills. He explicitly promised that once the claim is sorted, they will “compromise” and close the case without asking me for a single rupee.
**Denied FIR Copy:**
Both the police ASI and the opposing lawyer refused to give me a copy of the FIR. The lawyer claimed he “hasn’t got it from the police yet” (which feels like a lie). The police told me they “only give it to the complainant.” I know I can get it online but on the website it says no record found.
**My Lawyer’s Advice:**
I consulted a local lawyer who also told me not to worry, to just attend the hearings, and that the case will eventually get compromised. He also advised that filing a cross-complaint now is useless as it’s been too late and the police won’t accept it.
**My Dilemma:**
I am a student, and while they aren’t asking for money right now, I am highly skeptical. Given how severe the other person’s injuries are (paralysis/ICU), I find it very hard to believe they will just legally let me off the hook for free after the insurance claim is done. What if they suddenly change their minds and try to extort me later to quash the FIR?
**My Questions:**
Is this “we will compromise for free after the MACT claims” a common scenario, or is it a trap to keep me cooperative until they secure the bag?
If they refuse to compromise later, what happens to me? Am I stuck with criminal charges?
How can I legally obtain my FIR copy if the police and the opposing side refuse to give it to me?
What steps should I and my lawyer take right now to ensure I am protected in writing from future extortion?
Any advice on how to handle this safely would be highly appreciated. Thank you.
-
-
AuthorPosts