Underage or Juvenile persons driving vehicles have become a nuisance on the Indian roads. Every few days you will read/hear about the accidents that are caused by underage persons driving the vehicles. This week the national media covered one such accident that happened in Pune.
In a tragic incident in Pune, a 17-year-old boy driving a Porsche car at high speed crashed into a bike, killing two young IT professionals. The accident occurred around 2.30 am, which resulted in the deaths of Aneesh Awadhiya and Ashwini Koshta, both 24 years old. The high-speed car, reportedly going 180+ km per hour hit the bike, causing Ashwini to be thrown 20 feet into the air and Aneesh to crash into a parked car. Both died instantly. The driver, a minor four months shy of his 18th birthday, had been partying with friends to celebrate passing their class 12 exams at a pub. The legal age for driving in India is 18, and for consuming alcohol, it is 25. Despite these regulations, the boy and his friends were reportedly under the influence of alcohol when accident happened.
The police have charged boy with rash and negligent driving and causing harm by endangering life, which could lead to a maximum of two years in jail and a fine. His father, a prominent realtor in Pune, and the pub that served the minor alcohol are also facing charges. The father has been charged under Section 75 of the Juvenile Justice Act, which deals with willful neglect of child, potentially leading to up to three years in jail and fine of Rs 1 lakh. The pub faces charges under section 77 of the same act for supplying alcohol to minor, which can result in up to seven years in jail.
Pune Police Commissioner stated that the police had requested the court to treat boy as an adult due to severity of the crime. The boy was, however, granted bail within 15 hours of the incident by the Juvenile Justice Board (JJB), which included conditions such as writing a 300 word essay and undergoing treatment and counseling for alcohol addiction. The decision to grant bail has sparked outrage and debate about the legal system’s handling of such serious cases.
Later, the police approached the JJB to seek a review of its order. On 22nd May 2024, the JJB cancelled the minor’s bail and sent him to a rehabilitation and observation home till 5th June.
After uproar on social media platforms, the boy’s father Vishal Agarwal was arrested from Chhatrapati Sambhaji Nagar (Aurangabad) on 21st May. On the next day the father and two employees of Black Club Pub-who served alcohol to minors- were produced before session judge, and the court sent them to police custody till 24th May.
According to FIR, the realtor gave his son the car despite knowing that boy did not have a driving licence, thus endangering his and others’ life, and allowed him to party even while knowing that he drinks alcohol.
Police has registered a case against the boy’s father under Sections 75 and 77 of the Juvenile Justice Act (JJA) and against owner and employees of bar for serving alcohol to an underage person.
- Section 75 deals with willful neglect of a child, or exposing a child to mental or physical illnesses.
- Section 77 deals with supplying a child with intoxicating liquor or drugs.
The prosecution demanded police custody, stating that the police wanted to investigate why the father allowed his son to drive the car, which did not even had number plate. They also need to investigate why he absconded after a case was registered against the son. The public prosecutor also said that the father had in his possession a simple, no-frills mobile phone when arrested, and the police need to investigate where his other phones are.
As per the media report, the boy’s grand father Surendra Kumar Agarwal, is reportedly facing trial in a shootout case for allegedly making payments to gangster Chota Rajan. The report further added that grandfather is implicated in a case involving a property dispute with his brother, which allegedly led to collaboration with Chota Rajan’s criminal network.
As per Maharashtra State latest amended Motor Vehicles Act, the Court shall presume that the usage of vehicle by the minor was done so with the full knowledge of the parent/guardian or the owner of the vehicle. Following this, the imprisonment sentence may extend up to 3 years along with fine of up to Rs 25,000 for the guilty party. The minor that has been caught driving will also face serious repercussions in the form of custodial sentence in a Juvenile Detention Centre as per JJA 2000. Additionally, the minor will not be able to apply for a licence until he/she is 25 years old. The vehicle in question will have its registration cancelled for a year as well.
In India, most of the juvenile drivers are from the elite class. The minors know that their parents have enough money to bail them out if they commit some offence as underage driver, and in some cases parents allow these minors to take out the vehicles fully knowing that this is an offence. This act of parents gives a wrong confidence to the minors that nothing will happen to them even if they are involved in an accident which results in bodily harm to others on the road.
In my views, there should more stricter punishments to the parents who are allowing/encouraging their underage children to take vehicles on the road, knowing that they are not eligible to drive on the roads.
Waiting for your feedback on this blog.
Anil Malik
Mumbai, India
23rd May 2024s