The recent incident involving the 17-year-old Porsche driver in Pune has highlighted the legal responsibilities of vehicle owners when minors are involved in driving offenses. Under the Motor Vehicles Act (MV Act) amended in 2019, parents and guardians can be held accountable if their underage child is found driving a motor vehicle.
Here's a breakdown of the key points regarding punishment for vehicle owners in such cases:
1. **Legal Provisions**: Section 199 (A) of the MV Act holds the owner of the vehicle responsible if a minor is driving it. The owner can face imprisonment for up to three years or a fine of Rs 25,000.
2. **Criminal Liability**: The vehicle owner can be jailed only if a criminal case under the Indian Penal Code (IPC) is filed against the minor. In the Pune case, the father of the Porsche driver was charged under Section 304 for culpable homicide.
3. **Burden of Proof**: The onus is on the vehicle owner to prove that they did not give consent for the minor to drive the vehicle. The court presumes that the vehicle was taken out with the knowledge of the parent or guardian.
4. **Exception**: If the minor holds a learner's license, the vehicle owner may not be liable for punishment under the MV Act. A learner's license can be obtained at the age of 16.
5. **Enforcement**: Police authorities often remind people about the provisions of the MV Act to deter underage driving. Vehicle owners should be cautious and ensure compliance with the law to avoid legal consequences.
6. **Additional Charges**: In the Pune case, the father was also booked under the Juvenile Justice Act for allowing his child to consume alcohol and drive intoxicated, indicating the broader legal ramifications of such incidents.
7. **Preventive Measures**: Guardians must educate minors about the dangers of driving and the legal consequences of underage driving. Compliance with the MV Act is essential to ensure road safety and prevent legal liabilities.
Overall, the incident underscores the importance of strict enforcement of laws related to underage driving and the need for parental responsibility to prevent such tragedies.
