Convicting the father for allowing his minor son to drive a vehicle, Additional Mobile Magistrate (Traffic) Srinagar Shabir Ahmed Malik sentenced him to three-year simple imprisonment and a fine of Rs 25,000.
While delivering judgment in a case in which a minor was involved in violating traffic rules, the Court quoted section 199A Motor Vehicle Act 1988, in which it is mentioned that "when an offense under the Act is committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly".
"From the perusal of Section 199A (supra), it transpires that where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly, it has been further provided that, in addition to the penalty under subsection (1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of twentyfive thousand rupees", the Court observed.
The benefit of probation given to the accused
"Since the offence does not involve any moral turpitude and the violator has not been previously convicted and having regard to his age and antecedents the purpose of justice shall be served if the case is considered under section 360 Cr. P.C and the accused is given the benefit of probation", the Court mentioned, adding, "Therefore, considering the above-mentioned facts and circumstances the accused is directed to execute a bond to the tune of rupees 30,000 for keeping peace and good behavior for one year and in violation of any condition of bond during that period of one year the accused shall receive the proposed sentence".
Education Department directs to restrain minor from driving
The Court directed Education Department to make a policy to restrain minors from driving. The Commissioner Secretary Education department was directed to make policy like "No Vehicle policy for Minors" in educational institutes for a noble cause that may save many lives.
"We all are responsible as a society. Parents, guardians are responsible for providing vehicles to their minor children, principals/teachers /in charge of education institutes/coaching centers are also responsible for allowing minor students to use the vehicle", the Court stated, adding, "It is observed many times that students driving vehicles, riding bikes in and around schools or crowded places resulting accidents/loss of lives".
The Court further observed, "It is the first and foremost duty of parents not to provide their minor children any vehicle unless they attain majority and have the license to drive the vehicle. It is also the duty of principals/teachers not to allow the minor students to drive the vehicles and impart education regarding these issues".