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Dealing with a challan matter, a Srinagar Court convicted a man for a road accident caused by his minor son and sentenced the father to 3 years' simple imprisonment.

The Special Mobile Magistrate (Traffic) Srinagar Shabir Ahmad Malik, however, said that one year’s probation will be given on the punishment as the violator (minor son) had not committed any crime before and the said offence did not involve any moral turpitude.

Noting that underage driving is one of the major causes of traffic snarls and causes danger to other motorists and pedestrians on the roads, the Court has convicted the father in accordance with Section 199A Motor Vehicle Act 1988, which provides that if a child causes a vehicle accident, his guardian, or the vehicle owner can be considered guilty and legal action can be taken against him, and he can be punished under the relevant rules.

In the instant case, the accused/father of the minor/violator had filed an application for release of the vehicle involved in the accident and against which a challan had been issued. The father had submitted before the Court that he was the owner of the vehicle which had been confiscated post-accident.

Before the Special Court, the father had pleaded guilty and not claimed trial. Consequently, the Court convicted him and also imposed a fine of Rs. 25,000.

“I propose to sentence him to three (3) years simple imprisonment and twenty­ five thousand rupees (25,000) of fine,” the Court decided in the judgment.

Further, regarding the benefit of one-year probation, the Court added that having regard to minor’s age and antecedents, the purpose of justice shall be served if the case is considered under Section 360 Cr.P.C.

Accordingly, the father was directed to pay a bond of Rs 30,000 for keeping peace and good behavior for the period of one year. However, the Court noted that if during this time he does not behave well, then he will have to face full punishment i.e. three years.

This is being said to be the first case of its kind in Kashmir. In the judgment, the Court has made some significant remarks.

The Court noted that as per government data 1.2 lakh deaths were reported due to negligence related to road accidents in 2020, with 328 people losing their lives every day on average.

Court also said that it is worth mentioning that 3.92 lakh lives are lost due to negligent driving/ bypassing traffic rules in the last 3 years according to the NCRB’s annual ‘Crime India’   report of 2020.

Pointing towards these numbers, the Court said, “These numbers are alarming and it’s high time that people take traffic laws very seriously. We as a society must realize that all these lives can be saved if traffic rules are followed.”

Therefore, stressing that it is important for everyone to realize that all are responsible as a society for adherence with these Rules, the Court observed,

“It is the first and foremost duty of parents not to provide their minor children any vehicle unless they attain majority and have 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.”

Therefore, to deal with the root cause, it has also been directed by the Court that a copy of the judgment be forwarded to the Commissioner, Secretary, School Education of J&K “with a request to circulate it in all the schools (government or private) to educate the students as well as their parents and guardians regarding these issues".

Cause Title: UT of through Traffic Police, Srinagar v. Burhan