Jahanvi Agarwal
The Kerala High Court ruled 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, even if the minor has not been charged for driving without a license. On June 24, Justice Bechu Kurian Thomas noted an alarming rise in accidents involving minors driving without licenses, leading to severe injuries and even fatalities.
“The consequences of reckless driving are manifold,” Justice Thomas observed. “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 highlighted the importance of holding guardians or vehicle owners accountable, given that minors are immune from prosecution, encouraging more minors to drive without licenses. The Court emphasized the need for criminal liability on guardians or vehicle owners, stating it is of “seminal and contemporary social relevance.”
The Court provided the following guidelines for handling such cases:
- The offense under Section 199A of the MV Act is unique and independent.
- While an offense by a juvenile is essential under Section 199A, finding proof under the Juvenile Justice Act isn’t necessary to start proceedings against the guardian or vehicle owner.
- Proceedings against the guardian or vehicle owner can begin if the offense by the juvenile is recorded in the General Diary, followed by a Social Background Report of the child without delay, preferably with the final report.
- The final report on the juvenile’s offenses should be submitted to the Juvenile Justice Board as soon as possible, ideally within two months. The two-month period in Rule 10(6) of the Model Rules is advisory, not mandatory.
- The Juvenile Justice Act does not require charges for petty offenses against a juvenile. Therefore, past decisions requiring such charges to proceed against guardians or owners are incorrect.
- The inquiry against the juvenile should follow the procedure for petty offenses under the CrPC.
- Any inquiry into a minor driving without a license should be completed within four months after the final report or within an extended period if granted. If not completed within this period, proceedings against the minor will be terminated.
- If the inquiry is terminated or the Juvenile Justice Board finds the juvenile not guilty, proceedings against the guardian or owner under Section 199A must end, resulting in acquittal or discharge.
This case emerged from several incidents where guardians or owners were charged under Section 336 of the Indian Penal Code and Section 199A of the Motor Vehicles Act for letting minors drive without licenses. They sought to quash the proceedings against them. Section 336 of the IPC deals with acts endangering life or personal safety, punishable by up to three months in prison, a fine, or both.
Section 199A of the Motor Vehicles Act holds guardians or vehicle owners liable if a minor commits a motor vehicle offense, with imprisonment of up to three years as punishment. The petitioners argued that a minor must first be charged for the guardians or owners to be liable under Section 199A. They cited previous court decisions stating that without charges against the minor, Section 199A couldn’t apply to guardians. They also noted that police sometimes fail to file FIRs or submit Social Background Reports to the Juvenile Justice Board when dealing with minors driving without licenses.
However, the Public Prosecutor argued that Section 199A proceedings against guardians or owners could proceed independently of any proceedings under the JJ Act. The Court agreed with the public prosecutor and dismissed the petitions, stressing the importance of holding guardians accountable for allowing minors to drive without a license. The Court also provided clear instructions for handling similar cases in the future.
Case Name: Sharafudheen v. State of Kerala & Ors and Connected Cases
Dairy Number: 34/2024
Bench: Justice Bechu Kurian Thomas