In a landmark decision, the Kerala High Court has established new guidelines to hold guardians and vehicle owners accountable when minors are caught driving without a license. This move addresses the alarming rise in road accidents involving underage drivers, who often escape prosecution due to their age.
Justice Bechu Kurian Thomas highlighted the severity of the issue, noting that minors driving without a license have led to numerous accidents, causing serious injuries and fatalities among both drivers and bystanders. The court emphasized the need for accountability among vehicle owners and guardians to curb this dangerous trend.
The court outlined that under Section 199A of the Motor Vehicles Act, 1988 (MV Act), guardians or vehicle owners can be prosecuted even if the minor driver has not yet been proceeded against. The court observed that the lack of prosecution for minors has emboldened reckless driving, prompting the need for criminal liability to be placed on responsible adults.
The guidelines issued by the court include:
- Independent Offense: The offense under Section 199A is unique and can be pursued independently of the minor’s prosecution.
- Recording and Reporting: Proceedings against a guardian or vehicle owner can commence once the minor’s offense is recorded in the General Diary. This must be followed by a Social Background Report of the minor.
- Timely Reporting: The final report on the minor’s offense should be submitted to the Juvenile Justice Board (JJB) within two months, although this period is not mandatory.
- Juvenile Inquiry: The inquiry against the minor must adhere to the procedure for petty offenses under the Criminal Procedure Code and be completed within four months, with a possible two-month extension.
- Termination of Proceedings: If the JJB concludes that the minor did not commit the offense or if the inquiry is not completed in time, proceedings against the guardian or owner under Section 199A must cease.
The court’s decision arose from cases where guardians or vehicle owners faced charges under Section 336 of the Indian Penal Code and Section 199A of the MV Act for allowing minors to drive without a license. These individuals sought to quash the proceedings, arguing that minors must first be charged for the guardians to be held liable. However, the court dismissed these petitions, underscoring the independent nature of Section 199A.
By enforcing these guidelines, the Kerala High Court aims to enhance road safety and ensure that guardians and vehicle owners take necessary precautions to prevent minors from driving without a license.
