Guardian Of Minor Driving Vehicle Without Licence Can Be Prosecuted U/S 199A MV Act Even Before Determining Minor's Guilt: Kerala HC

The Kerala High Court has held that the guardian of a minor or owner of a vehicle driven by a minor can be prosecuted for offence under Section 199A of the Motor Vehicles Act, even in the absence of finding of guilt of the minor.The provision prescribes imprisonment for a term which may extend to three years.Bench of Justice Bechu Kurian Thomas said though commission of an offence under the MV Act by the juvenile is an essential ingredient of Section 199A, however, a finding regarding the commission of an offence under the MV Act by the juvenile is not a sine qua non for initiating proceedings against the guardian or owner of the motor vehicle under the said section."The offence under section 199A of the MV Act is sui generis and is an independent offence...Proceedings against the guardian of a juvenile or owner of a motor vehicle under section 199A of the MV Act can be initiated if information regarding the commission of an offence by the juvenile has been recorded in the General Diary," bench held.However, in the same breath the bench added that if the inquiry initiated against the minor for the offence of driving without license is terminated or if the Juvenile Justice Board finds that the minor is not guilty, in that case the guardian or the owner of the vehicle will have to be acquitted or discharged, as the case may be.“If the inquiry proceeding against the minor is terminated under section 14(4) of the JJ Act, or if the JJB comes to the conclusion under section 17 of the JJ Act that the juvenile has not committed the offence, the proceedings against the guardian or owner under section 199A of the MV Act cannot continue thereafter and the accused will have to be acquitted or discharged, as the case may be.”Background FactsThe Court was considering several cases where criminal proceedings were initiated against guardians or owners for allowing minors to drive motor vehicles without license. In all the cases, crimes were registered against these persons under Section 336 of the Indian Penal Code and Section 199A of the MV Act. Thus, the petitioners approached the High Court invoking its inherent powers under Section 482 CrPC to quash criminal proceedings initiated against them. Section 336 of the IPC provides three months imprisonment and a fine or both for rash or negligent acts endangering the life or personal safety of others. Section 199 A of the MV Act pertains to offences by juveniles. According to the provision, if a juvenile commits a motor vehicle offence, the parent or guardian of such juvenile or the owner of the motor vehicle shall be made liable and proceeded against as per paw and punished accordingly.The petitioners argued that juveniles must commit offences for their guardians or vehicle owners to be held liable under Section 199A of the MV Act. They asserted that in all these instances, no charges have been attributed against the juveniles to attract liability under Section 199A against their guardians. Reliance was placed on Polachan v. State of Kerala (2022) and Sameera v. State of Kerala (2023) where it was held that in the absence of any charge against the juvenile for the commission of an offence under the Motor Vehicles Act, no offence under section 199A against the guardian of such juvenile would get attracted.It was also contended that FIR cannot be registered against guardians or owners until the Juvenile Justice Board finds that the juvenile has committed an offence under the MV Act.On the other hand, the Public Prosecutor submitted that the proceedings under Section 199A of the MV Act can be maintained de hors the proceedings under the Juvenile Justice Act. It was submitted that failure to initiate proceedings against the minor under JJ Act would not affect the proceedings initiated against guardians or owners of vehicles.Proceedings Against Guardians, Owners Under Section 199A of the MV ActThe Court explained that the purpose of amending the Motor Vehicles Act in 2019 by adding Section 199A was to impose accountability and criminal liability on guardians or owner of the motor vehicles. This amendment aimed to deter minors from driving motor vehicles to prevent road accidents, given the serious repercussions of reckless driving. The Court stated that imposing criminal liability upon guardians or owners of vehicles for committing motor vehicle offences by juveniles was seminal and has contemporary social relevance.Further, the Court stated that the owner or guardian commits both actus reus and mens rea when a juvenile is permitted to drive a motor vehicle. The actus reus involves the conduct of the guardian or owner in permitting or allowing the minor to have access to the motor vehicle. The mens rea is the knowledge or awareness that a juvenile cannot drive a vehicle. The Court thus stated that guardians or owners of motor vehicles can be prosecuted under Section 199A independently without involving the juveniles."The minor is not the accused under section 199A of the MV...

Guardian Of Minor Driving Vehicle Without Licence Can Be Prosecuted U/S 199A MV Act Even Before Determining Minor's Guilt: Kerala HC

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But guardian will have to be discharged if Juvenile Justice Board concludes that minor is not guilty.

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