What happens if a minor drives your car? Here's what the law says

First Published May 22, 2024, 6:25 PM IST | Last Updated May 22, 2024, 6:25 PM IST

A tragic accident took place on Sunday (May 19) morning when a 17-year-old driving a Porsche crashed into a motorcycle, resulting in the deaths of two young software engineers. The teenager's father, Vishal Agarwal, has been arrested and charged with multiple offenses for allowing his minor son to drive.

Vishal Agarwal is facing charges under the Juvenile Justice Act and the Motor Vehicles Act. Specifically, he has been booked under Sections 75 and 77 of the Juvenile Justice Act and Section 199(A) of the Motor Vehicles (MV) Act. This incident raises important questions about the legal responsibilities and potential punishments for parents and guardians when minors drive their vehicles.

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The MV Act, amended in 2019, holds parents and guardians accountable if their underage child is caught driving. This amendment followed a rise in traffic offenses committed by juveniles. According to Section 199(A) of the MV Act, the vehicle owner can face up to three years in prison or a fine of Rs 25,000 if a minor drives their vehicle.

However, the vehicle owner is only jailed if a criminal case under the Indian Penal Code (IPC) is filed. In this case, Agarwal is likely to face three years in jail because a case of culpable homicide under Section 304 IPC has been filed against his son.

Additionally, the MV Act allows for the cancellation of the vehicle's registration in such cases.

The burden of proof lies with the vehicle owner to demonstrate that the minor did not have their consent to drive. The court presumes that the vehicle was taken with the knowledge of the parent or guardian unless proven otherwise.

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The MV Act states that the vehicle owner is not liable for punishment if the minor holds a learner's license, which can be obtained at the age of 16. However, driving without a learner's license is an offense.

For instance, in 2020, a motorcycle owner in Odisha's Bhadrak district was fined Rs 42,500 for allowing a minor to ride his bike.

Police frequently remind the public about the MV Act's penalties for allowing minors to drive. "Don't allow minor children to drive the car/bike. Driving a vehicle by minor children is dangerous for themselves and others. It is also an offense under Section-199A of the Motor Vehicles Act," an Assistant Commissioner of Police in Delhi advised in June 2023.

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