The Kerala High Court held that the guardian of a minor or the owner of a vehicle driven by a minor can face prosecution under Section 199A of the Motor Vehicles Act, 1988 (MV Act) even before the minor is proceeded against for driving without a license. Since minors are immune from prosecution, the tendency to indulge in such acts has been on the rise and the owners of motor vehicles do not take due precautions to prevent such acts, the Court noted.
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KOCHI: The Kerala High Court held that guardians of minors or owners of vehicles driven by minors can face prosecution under Section 199A of the Motor Vehicles Act, 1988 (MV Act) even before proceedings are initiated against the minor for driving without a license.
Justice Bechu Kurian Thomas observed an alarming increase in accidents involving minors driving without a license, leading to serious injuries and fatalities. The Court noted,
“The consequences of reckless driving are manifold. Instances of minors taking the wheel without possessing a license to drive have been on the increase, leading to numerous accidents. Repercussions of such acts include injuries and fatalities not only to the drivers but also to the innocents on the road.”
The Court emphasized the need to hold guardians and vehicle owners accountable, stating that minors are immune from prosecution, which has led to a rise in such incidents.
“Since minors are immune from prosecution, the tendency to indulge in such acts has been on the rise and the owners of motor vehicles do not take due precautions to prevent such acts,”
–the Court noted.
Thus, creating criminal liability on the guardian or the owner of a motor vehicle is seminal and has contemporary social relevance.
In light of this, the Court issued the following guidelines:
- Independent Offence: The offence under Section 199A of the MV Act is unique and independent.
- No Requirement of Prior Juvenile Charges: While the commission of an offence under the MV Act by the juvenile is an essential ingredient, a finding regarding the same as per the provisions of the JJ Act is not required for initiating proceedings against the guardian or owner of the vehicle.
- Initiating Proceedings: Proceedings against the guardian or owner can be initiated if information regarding the commission of an offence by the juvenile has been recorded in the General Diary. This must be followed by the submission of a Social Background Report (SBR) of the child without undue delay.
- Timely Submission: The final report of the offences allegedly committed by the juvenile should be submitted before the Juvenile Justice Board (JJB) at the earliest, preferably within two months of recording the information. The two-month period mentioned in Rule 10(6) of the Model Rules is directory and not mandatory.
- No Charges Required for Petty Offences: The JJ Act does not contemplate any charge to be framed against a juvenile for a petty offence.
- Inquiry Process: The inquiry against the juvenile should follow the procedure prescribed for the trial of petty offences under the CrPC and must be completed within four months or within any extended period granted.
- Termination of Proceedings: If the inquiry is not completed within the mandated period or if the JJB finds the juvenile not guilty, proceedings against the guardian or owner under Section 199A of the MV Act must be terminated, and the accused must be acquitted or discharged.
The case arose from multiple instances where guardians or owners were charged under Section 336 of the Indian Penal Code (IPC) and Section 199A of the MV Act for allowing minors to drive without a license. Section 336 IPC deals with acts endangering the life or personal safety of others and prescribes imprisonment for up to three months, a fine, or both.
Section 199A of the MV Act holds guardians or vehicle owners liable if a minor commits a motor vehicle offence and prescribes imprisonment for up to three years as punishment.
The petitioners argued that a minor must first be charged with an offence for the guardians or owners to be liable under Section 199A. They cited decisions from constitutional courts stating that without charges against the minor, Section 199A could not be applied to guardians. They also contended that police sometimes fail to file FIRs or submit SBRs to the JJB when dealing with minors driving without a license.
However, the Public Prosecutor argued that Section 199A proceedings against guardians or owners could proceed independently of any proceedings under the Juvenile Justice (JJ) Act. The Court concurred with the Public Prosecutor and dismissed the petitions.
The single-judge stressed the importance of holding guardians accountable for letting minors drive without a license. The Court’s ruling underscores the need for stringent measures to curb the rising incidents of minors driving without licenses and the resultant accidents.
This landmark judgment sets a precedent for future cases, ensuring that guardians and vehicle owners are held responsible for their role in preventing minors from driving illegally. It aims to enhance road safety and instill a sense of responsibility among vehicle owners and guardians.
Click Here to Read Previous Reports on Minors’ Driving Vehicle
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