Kochi road rage case: When are parents liable for driving offences by minors?

On October 25, a car driven by a 17-year-old minor in Ernakulam district of Kerala collided with a motorbike, causing the death of a 57-year-old rider. This road rage case involving the minor, son of an additional district judge, has raised questions about the liability of parents or the vehicle owner for offenses committed by minors. The judge is facing prosecution under Section 199A of the Motor Vehicles Act, 1988.

Section 199A of the Act stipulates that the guardian or vehicle owner shall be deemed guilty, punishable by imprisonment of three years and a fine of Rs 25,000, in case of certain offenses committed by a minor while driving. Additionally, the juvenile would be tried under the Juvenile Justice Act, 2015, and the vehicle registration would be canceled.

However, the prosecution against the vehicle owner is only applicable if the minor commits specific offenses, such as driving without a license, driving in violation of age requirements, or dangerous driving. If the Jharkhand Juvenile Justice Board (JJB) concludes that the juvenile did not commit the offense, the prosecution against the guardian or vehicle owner under Section 199A cannot proceed.

The Kerala High Court has previously quashed several prosecution proceedings against vehicle owners/guardians under Section 199A when police failed to report the matter to the JJB within the stipulated time. The Supreme Court observed in 2020 that a minor charged under Section 304 of the Indian Penal Code could not be considered as having committed a heinous offense and could not be tried as an adult.