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Synopsis

The Kerala High Court, aiming to prevent minors from driving and to curb reckless driving incidents, has affirmed that guardians of minors or owners of vehicles driven by minors can be prosecuted under Section 199A of the Motor Vehicles (MV) Act, even if the minor is not found guilty.

Justice Bechu Kurian Thomas, presiding over the court, made the observation that “by the principle of parental or ownership accountability, the contribution of such parent or owner of the motor vehicle to the commission of the offence by the minor is, by a statutory fiction, treated as a criminal offence. The provision is intended to impose affirmative duties on persons responsible for the juvenile or owner of the vehicle to prevent the commission of offences by minors. The offence created is sui generis.”

The court further highlighted that the parent's or owner's culpability arises from allowing the minor access to the vehicle, knowing they are not legally allowed to drive. Thus, the offence exists independently, even if the minor is not prosecuted.

“The minor is not the accused under section 199A of the MV Act, but it is only the parent or the owner of the vehicle who can be proceeded against under the said provision,” the court noted.

The court’s observations came while considering several cases where criminal proceedings were initiated against guardians or vehicle owners for allowing minors to drive without a license. These cases involved charges under Section 336 of the Indian Penal Code (IPC), dealing with acts endangering life or personal safety, punishable by three months imprisonment or a fine and Section 199A of the MV Act. The petitioners sought to quash these proceedings under Section 482 of the Code of Criminal Procedure (CrPC), arguing that no charges had been attributed to the minors themselves.

Notably, Section 199A of the MV Act establishes accountability for the parent or owner of a vehicle driven by a delinquent minor in violation of the Motor Vehicles Act. Driving a vehicle without a license is prohibited under Section 3 of the MV Act, and under Section 4, individuals under eighteen cannot drive vehicles in public places except motorcycles with engines less than 50cc. Chapter XIII of the MV Act, which includes offences and penalties, stipulates in Section 181 a punishment of up to three months' imprisonment and/or a fine of Rs.5,000 for violating Sections 3 or 4. Therefore, a minor driving a vehicle can be prosecuted for violating Sections 3 or 4 and punished under Section 181, but these proceedings can only be pursued before the Juvenile Justice Board (JJB).

The court also analysed the Juvenile Justice (Care and Protection of Children) Act and its rules. It observed that proceedings against minors for traffic offences involve recording information in the General Diary, followed by a Social Background Report and a hearing before the JJB. If proceedings against the minor are inconclusive or not completed within the stipulated time frame, the related proceedings against the guardian or owner must also end. The court clarified that a formal charge against the minor is not necessary to proceed against the guardian or owner under Section 199A.

Dismissing the petitions, the court held that information recorded in the General Diary is sufficient to initiate proceedings against guardians or vehicle owners. It deemed previous rulings in Polachan v. State of Kerala (2022) and Sameera v. State of Kerala (2023) as incorrect for not considering the Juvenile Justice Act, thus rendering them per incuriam.

Conclusively, the court ruled :

1. Section 199A creates independent liability for parents or vehicle owners for minors' traffic offences.

2. A minor’s commission of an offence under the MV Act is necessary to invoke Section 199A, but no formal charge against the minor is needed.

3. Proceedings against parents or vehicle owners can begin once an offence by the minor is recorded in the General Diary and an SBR is submitted.

4. The final report for petty offences should ideally be filed within two months, though this is not mandatory.

5. If JJB proceedings against a minor are terminated or the minor is found not guilty, charges against the parent or owner under Section 199A cannot continue.

 

Case Number: Crl.M.C. No.34 /24 & Conn. Cases