Motor Vehicle Act Rules: Recently, the accident that happened in Dwarka area of Delhi shocked the entire city. A minor driving a speedy Scorpio hit a 23-year-old youth riding a bike. Who died on the spot. It was told that the minor sitting in the car was trying to record the speed and during that time he lost control.
After the accident, a big question arose that a minor was driving the car. So why is action being taken against his father? The police have also said about a charge sheet against the father. In such cases the law applies not only to the driver. Rather, it looks at the entire process of fixing responsibility. Let us tell you what the rules say about this.
Why do parents have responsibility?
In India, if a minor is caught driving a vehicle or is involved in an accident. So the case is directly registered under the Motor Vehicle Act. Section 199A of this law clearly states that the responsibility of driving a vehicle of a minor will rest on his guardian or the vehicle owner. The view of the law is that an underage person is not legally eligible to drive. So how did the vehicle reach there?
If it is proved that the vehicle was intentionally given to a minor or there was negligence in monitoring. Then criminal action can be taken against the guardian. There is a provision for punishment up to three years and fine. Along with this, the registration of the vehicle can also be suspended or cancelled. Its purpose is not just to punish. Rather, families should be made responsible so that minors can be prevented from driving.
Due to this reason arrest cannot be made
The law is definitely strict in such cases. But it is not necessary that immediate arrest be made in every case. Investigating agencies first try to understand the circumstances under which the incident occurred. Did the parents themselves hand over the keys or did the minor take out the vehicle without their knowledge? Had such incidents happened before? Did the family try to stop it?
In many cases, family members argue that they were not aware that the child had gone out with the car. If the investigation reveals that their negligence is not directly proved. So arrest can provide relief. However, one may have to face legal process along with fine.
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