Section 199A of the Motor Vehicles Act & Offence by Juvenile created is sui generis.
On 18.3.2023, the accused had permitted a minor who did not have licence, to drive his motorbike. The offence under Section 199A of the MV Act and Section 336 of IPC was registered. No offence was registered against the minor.
The petitioner contended that the offence under Section 199A is not attracted without a charge registered against juvenile – rider. Secondly, that the said offence is attracted only when Juvenile Justice Board concludes that an offence under MV Act had been committed by juvenile.
Section 199A provides that when an offence has been committed under the MV Act by a juvenile, the guardian of such juvenile shall be deemed to be guilty. It creates accountability for the parent or owner of a delinquent minor in respect of offence under MV Act.
Guardian of a minor or owner of a vehicle driven by a minor can be prosecuted for offence under Section 199A of the MV Act even in the absence of finding on the guilt of minor by the Juvenile Justice Board. However, if the Juvenile Justice Board holds that the minor is not guilty, in that case the guardian or owner of the vehicle driven by juvenile has to be discharged from the case.
Though the commission of an offence under MV Act by the juvenile is an essential ingredient of Section 199A, the finding on commission of offence by the juvenile is not required for initiating proceeding against the owner of the vehicle driven by juvenile or guardian of such juvenile.
Order dated 24.6.2024 of the Kerala High Court Cri.M.C.No.34 of 2023 with connected matters.
