The Kerala High Court has held that the proceedings against the guardian of a juvenile or owner of a motor vehicle under Section 199A of the Motor Vehicles Act can be initiated if information regarding the commission of an offence by the juvenile has been recorded in the General Diary.

The Bench of Justice Bechu Kurian Thomas was hearing several petitions filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), challenging the filing of reports against guardians or vehicle owners for permitting minors to drive. These cases were disposed of together as they shared common issues.

In one leading case, on March 18, 2023, the prosecution alleged that the accused allowed a minor without a license to drive his motorbike, resulting in charges under Section 199A of the MV Act and Section 336 of the Indian Penal Code. The accused, the bike owner, challenged the final report in court.

The petitioners' lawyers argued that charges under Section 199A of the MV Act require a registered charge against the minor, as held in previous court decisions. They claimed that the police had not registered FIRs against the minors or submitted Social Background Reports (SBRs) to the Juvenile Justice Board (JJB). They contended that only the JJB could determine if an offence was committed by the minor, and without such a finding, proceedings against guardians or vehicle owners could not continue.

The petitioners further argued that prosecuting the guardian or vehicle owner without involving the minor in the trial would be against natural justice principles. They noted that in many cases, necessary documents, like the minor's birth certificate, were not included in the final reports.

The State argued that the MV Act and the Juvenile Justice Act (JJ Act) operate in different scenarios, and failure to initiate proceedings under the JJ Act does not invalidate prosecutions under Section 199A of the MV Act. They stated that driving without a license is classified as a 'petty offence' under the JJ Act, meaning the minor cannot be apprehended but must be detained and accompanied by a parent. The State contended that delays in filing SBRs should not result in quashing proceedings against guardians or vehicle owners and that Section 199A prosecutions can proceed independently of JJ Act proceedings.

The High Court came to the following conclusions:

(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.

Case No.: Crl. M.C. No.34 /24 & Conn. Cases

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Kerala High CourtJustice Bechu Kurian ThomasMotor Vehicle Act

Ananya Soni