Srinagar Court Convicts Guardian Of Minor Found Driving Vehicle, Says Allowing Minors To Drive Produces Victims

The Court coupled the conviction with strong, community-oriented observations on the alarming rise in road fatalities and the growing menace of underage driving, ultimately placing responsibility on parents, schools, and society at large.

The proceedings stemmed from a challan filed against Mushtaq Ahmad Buch, the guardian of a juvenile violator, after the minor was found operating a motor vehicle. The challan noted that because the violator was a minor, the statutory liability under Section 199A of the Motor Vehicles Act automatically attached to the guardian, who also owned the vehicle.

Adjudicating the matter, Judge Shabir Ahmad Malik stated that Section 199A creates a clear presumption that the guardian permitted the juvenile to use the vehicle. As the judgment records, “the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian or the owner of the vehicle.”

When produced before the Court, the accused voluntarily pleaded guilty, and the Magistrate after carefully satisfying himself that the plea was made freely and without coercion, it recorded his statement and proceeded to convict him. In line with the statutory mandate, the Court proposed a sentence of three years' simple imprisonment, a fine of ₹25,000, and cancellation of the vehicle's registration for a period of twelve months.

However, taking into account that the offence did not involve moral turpitude, that the accused had a clean antecedental record, and that reformative justice would suffice, the Court extended to him the benefit of the Probation of Offenders Act. The guardian was directed to execute a bond of ₹2,00,000 for maintaining peace and good behaviour for a period of two years, with the warning that any violation would revive the sentence and result in forfeiture of the bond amount.

Expressing deep anguish over the catastrophic loss of life on Indian roads, the Magistrate wrote,

“In the last five years (2020 to 2024), approximately 8,10,913 precious lives have been lost due to road accidents. These numbers are alarming, and it is high time people take traffic laws very seriously.” He further urged society to rethink its approach to road safety, remarking that “traffic rules are not formalities but basic habits that can save lives.”

The Court stressed that such responsibility “should come from within us, not only when a police officer is around.”

While commenting on the dangers posed by underage driving the Magistrate observed that minors are often seen driving bikes, scooties, and cars in and around schools and other crowded areas, creating hazards for motorists and pedestrians alike. In a strongly worded admonition addressed to parents, the Court emphasised,

“Parents/guardians or owners of vehicles are responsible for providing vehicles to their minor children. Allowing minors to drive produces violators and victims, not responsible citizens.”

The Court also underscored the responsibility of educational institutions, stating that principals and teachers must routinely sensitise students and guardians regarding the legal and moral implications of juvenile driving.

In view of these concerns, the Court directed the Commissioner Secretary, School Education, to circulate the judgment across all government and private schools and to ensure that both students and parents receive proper awareness regarding underage driving. The Magistrate further requested the department to consider framing a “No Vehicle Policy for Minors in educational institutions”, emphasising that such a measure would contribute significantly to preventing loss of life. The Court also directed the Inspector General of Police (Traffic), J&K, to conduct special drives against underage driving.

Case Title: Mushtaq Ahmad Buch v. UT of Jammu & Kashmir

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