Motor Vehicles Act, 1988
Section 199A—Accountability—For the parent or owner of a delinquent minor regarding offenses under the Motor Vehicles Act—Section establishes criminal liability for the guardian or owner of a motor vehicle if a minor without a license drives the vehicle.
[Para 9 to 12]
Juvenile Justice Act
Compliance—Juvenile Justice Act categorizes offenses committed by juveniles into three types: heinous, serious, and petty—Offenses related to driving a motor vehicle without a license fall under petty offenses, punishable with up to three months of imprisonment or a fine—Proceedings against guardian or owner under Section 199A of the MV Act are independent of the juvenile's prosecution—Court addressed whether proceedings against a guardian or owner under Section 199A require a prior conviction or charge against the juvenile. It was held that proceedings under this section could proceed independently without the juvenile being charged or convicted— Procedural Requirements for Juveniles: According to the Juvenile Justice Model Rules, an FIR should not be registered against a juvenile except for heinous offenses. For petty offenses, such as driving without a license, only information needs to be recorded, and the Social Background Report (SBR) must be forwarded to the Juvenile Justice Board (JJB).
[Paras 12, 13 & 14]
Guidance and action by all authorities
(i). The offence under section 199A of the MV Act is sui generis and is an independent offence.
(ii). The commission of an offence under the MV Act by the juvenile is an essential ingredient of section 199A of the MV Act, however, a finding regarding the commission of an offence under the MV Act by the juvenile as per section 17 or 18 of the JJ Act, is not a sine qua non for initiating proceedings against the guardian or owner of the motor vehicle under the said section.
(iii). 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. The recording of information in the General Diary has to be followed by the submission of a Social Background Report of the child in Form No.1 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, without undue delay and at any rate, atleast along with the final report.
(iv). The final report in relation to the offence allegedly committed by the juvenile ought to be submitted before the Juvenile Justice Board at the earliest, preferably within two months of recording the information in the General Diary. The period of two months mentioned in Rule 10(6) of the Model Rules is only a directory provision and is not mandatory.
(v). As the JJ Act does not contemplate any charge to be framed against a juvenile for a petty offence, the decisions in Polachan V. State of Kerala [Crl.M.C No. 7479/2022] Sameera v. State of Kerala [2023 KHC Online 9217] as well as in Khairunnisa v. State of Kerala [2023 SCC Online Ker. 4265] are per incuriam.
(vi). The inquiry against the juvenile before the Juvenile Justice Board shall be conducted according to the procedure prescribed for the trial of petty offences under the Cr.P.C.
(vii). The inquiry against the juvenile for driving a motor vehicle without a license if any alleged, must be completed by the Juvenile Justice Board within four months of the date fixed for hearing after filing the final report or if any extension is granted for two months further, within the said extended period. As section 14(4) of the JJ Act is a mandatory provision, if the inquiry proceeding against the juvenile is not completed before the JJB within the period mentioned therein, the proceeding against the minor will become statutorily terminated under section 14(4) of the JJ Act.
(viii). 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.
[Para 27]