The Motor Vehicles Amendment Act 2019, which received the assent of the President on August 9, has included stringent provisions in the principal Act to curb the tendency of children using vehicles.
As per the newly inserted Section 199A, where a motor vehicle offence has been committed by a juvenile, the parent or 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.
The explanation in the Section states that the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle.
The registration of the motor vehicle involved in an offence by juvenile will be cancelled for a period of twelve months.
In addition to penalty, the guardian or owner of such vehicle will be liable to the punishment of imprisonment which may extend to three years and fine of twenty-five thousand rupees. The juvenile will be proceeded against as per provisions of the Juvenile Justice Act.
The juvenile who has committed such offence will not be eligible to get driving license or learner's license until the age of twenty five years.
If the guardian or owner proves that the offence was committed without his knowledge or that he had exercised due diligence to prevent the commission of such offence, conviction can be avoided.
Originally published 13 August 2019
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