Guardian Can Be Held Liable If Minor Flies Kite Using Chinese Manjha: MP High Court

Update: 2026-01-15 04:37 GMT
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While hearing a suo motu PIL concerning the illegal sale and use of Chinese Manjha, the Madhya Pradesh High Court, on Monday (January 12), held that if a minor was found using Chinese Manjha for kite flying, his/her guardian may be held responsible under Section 106(1) of BNS, 2023, for the death caused by negligence.The division bench of Justice Vijay Kumar Shukla and Justice Alok...

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While hearing a suo motu PIL concerning the illegal sale and use of Chinese Manjha, the Madhya Pradesh High Court, on Monday (January 12), held that if a minor was found using Chinese Manjha for kite flying, his/her guardian may be held responsible under Section 106(1) of BNS, 2023, for the death caused by negligence.

The division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi observed,

"They are also directed to publish that if anybody is found selling or using the said thread, he may also be prosecuted for commission of offence under Section 106(1) of BNS, 2023 (304-A of the IPC). It be also noted that if any minor is found using the Chinese Nylon Thread, then his guardian may also be made responsible". 

The suo motu public interest litigation that was registered on December 8, 2025, regarding the illegal sale and use of Chinese Manjha, which is causing injuries and casualties. The court, on December 11, issued directions to ensure strict implementation of the ban

During the hearing on Monday, Senior Advocate Vivek Sharan appearing as Amicus Curiae submitted that despite the ban, Chinese Manjha continued to be used and sold. He urged the court to issue further directions to all concerned districts to submit reports detailing immediate precautionary measures and action plans, including extensive public awareness campaigns through print, electronic and social media. 

Additional Advocate General Rahul Sethi for the State informed the court that multiple preventive steps were implemented to curb the sale and use of the banned thread. The court was also informed of a safety device developed by the Ujjain Superintendent of Police aimed at preventing manja-related accidents. The said device would be circulated to Indore Police Commissionerate and adjoining districts, including Ujjain, Dewas, Dhar, Khargone, Badwani, Alirajpur, Jhabua, Mandsaur, Neemuch, Ratlam, Shajapur and Rajgarh. 

The State further assured the court that wide publicity regarding the ban and its legal consequences would be undertaken through local newspapers and electronic media. 

The bench directed the authorities to prominently publicise that any person found selling or using Chinese Manjha may be prosecuted for Death caused by negligence under Section 106(1) of BNS, 2023. Additionally, the court added that if a minor was found using the banned thread, the guardian may be held responsible for the offence. 

The Indore Collector, who was present in court, assured that necessary orders would be issued on the same day. 

The matter is listed for further hearing on January 16, 2026. 

Case Title: In Re Suo Motu v State of MP [WP-48092-2025]

Amicus Curiae: Senior Advocate Vivek Sharan with Advocate Akash Sharma

For State: Deputy Advocate General Sudeep Bhargava

Click here to read/download the Order

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