Guardian gets 3-year jail term in Srinagar minor driving case, granted probation

A court in Srinagar has sentenced the guardian of a minor caught driving to three years’ simple imprisonment and imposed a fine of Rs 25,000, in what is being seen as a strong message on road safety violations involving juveniles.

The order was passed by Special Mobile Magistrate (Traffic) Kashmir, Shabir Ahmad Malik, under Section 199A of the Motor Vehicles Act, 1988. The court also directed that the registration of the vehicle used in the offence be cancelled for 12 months.

In its ruling, the court observed that Section 199A holds the guardian of a juvenile or the owner of the vehicle responsible when an offence under the Act is committed by a minor. The provision stipulates that, in addition to other penalties, the guardian may face imprisonment of up to three years and a fine of Rs 25,000. It also bars the juvenile from obtaining a driving licence or learner’s licence until the age of 25.

According to the order, the traffic challan was issued against the guardian, who appeared before the court with legal counsel. The accused pleaded guilty and chose not to contest the charges. The court recorded the statement and noted that the plea was made voluntarily.

Taking into account the admission of guilt and the nature of the offence, the court convicted the guardian under Section 199A and awarded the prescribed sentence. However, noting that the offence did not involve moral turpitude and that the accused had no prior convictions, the court extended the benefit of the Probation of Offenders Act.

Instead of immediate imprisonment, the guardian has been directed to execute a bond of Rs 2 lakh to maintain peace and good behaviour for a period of two years. Any breach of the bond conditions during this period would result in enforcement of the three-year jail term and forfeiture of the bond amount.

The court further ordered that the vehicle be released to its registered owner after completion of formalities. The case has been disposed of and consigned to records.

With IANS inputs