MotorVehiclesAct – Srinagar Court Sentences Guardian in Minor Driving Case

MotorVehiclesAct – A Srinagar court has handed down a three-year jail term and a monetary penalty to the guardian of a minor found driving a vehicle, underscoring the legal responsibility placed on adults under the Motor Vehicles Act.

Court Holds Guardian Accountable Under Law

The ruling was delivered by Shabir Ahmad Malik, Special Mobile Magistrate (Traffic) Kashmir, in a case involving a juvenile caught operating a motor vehicle in violation of traffic regulations. The court held the minor’s guardian responsible for the offence and imposed a sentence of three years’ simple imprisonment along with a fine of Rs 25,000.

In addition, the court ordered cancellation of the registration of the vehicle involved in the incident for a period of 12 months.

Legal Basis for the Verdict

In its detailed order, the court referred to Section 199-A of the Motor Vehicles Act, 1988. The provision states that when a juvenile commits an offence under the Act, the guardian or the owner of the vehicle is presumed to be responsible and can be prosecuted accordingly.

The court noted that the law also prescribes a maximum punishment of three years’ imprisonment and a fine of Rs 25,000 in such cases. It further mandates cancellation of the vehicle’s registration for one year. Additionally, the juvenile involved is barred from obtaining a driving licence or learner’s licence until attaining the age of 25.

The magistrate observed that the legislative intent behind the provision is to ensure accountability and prevent minors from being allowed to drive in violation of traffic laws.

Accused Pleads Guilty

According to the court record, a challan had been issued against the guardian in connection with the violation. The accused appeared before the court along with legal counsel, and his statement was formally recorded.

During the proceedings, the guardian admitted to the offence and chose not to contest the charges. The court documented the voluntary nature of the plea, noting that the accused declined the opportunity to present a defence despite being given sufficient time and legal recourse to do so.

Given the admission of guilt, the court concluded that there was no need to proceed with a full trial.

Sentencing and Vehicle Registration Cancellation

Based on the plea and the facts presented, the magistrate convicted the guardian under Section 199-A of the Motor Vehicles Act. The court imposed a sentence of three years’ simple imprisonment and a fine of Rs 25,000.

The registration of the vehicle, bearing number JK04K-0673, was ordered to be cancelled for a period of 12 months in accordance with statutory provisions.

The order reiterates that such measures are intended to deter guardians and vehicle owners from permitting minors to drive, thereby strengthening road safety enforcement.

Benefit of Probation Granted

However, while determining the final course of action, the court considered several mitigating factors. It observed that the offence did not involve moral turpitude and that the accused had no prior criminal convictions. The court also took into account the age and background of the guardian.

In light of these considerations, the magistrate decided to extend the benefit of the Probation of Offenders Act to the accused.

Instead of immediate incarceration, the court directed the guardian to execute a bond of Rs 2,00,000 to maintain peace and good conduct for a period of two years. If any of the conditions of the bond are violated during this time, the original sentence of three years’ imprisonment will come into effect, and the bond amount will be forfeited to the government.

The vehicle and related documents, if any, were ordered to be released to the registered owner following due procedure.

With these directions, the court disposed of the challan and directed that the case be consigned to records after completion of formalities.