In Pune, the father of an underage driver has been arrested for a grim incident that resulted in the deaths of two individuals. The tragic event occurred on May 18th. According to police, the minor was allegedly in an inebriated state when he struck down Aneesh Avadhia and Ashwini Costa with his Porsche, leading to their untimely death.
Aneesh Avadhia and Ashwini Costa, both 24, hailed from Madhya Pradesh and were employed in an IT company in Pune.
The calamity unfolded in Pune's Kalyani Nagar. Although the 17-year-old was arrested, he was granted bail by the Juvenile Justice Board with conditions, which included writing a 300-word essay. Later, the father, Vishal Agarwal, who is a real estate entrepreneur, was detained when public outrage surged.
How did the father end up ensnared by his son's mistake?
Vishal Agarwal was apprehended from Chhatrapati Sambhaji Nagar and is set to appear in court. The charges framed against him are under Sections 75 and 77 of the Juvenile Justice Act for cruelty towards children and for providing intoxicants to a minor, respectively.
Mr. Agarwal reportedly knew his son lacked a valid driving license yet allowed him access to the car. He was also aware of his son's drinking habits but permitted him to go to parties.
In this case, the police have registered a case against the underage driver for culpable homicide not amounting to murder under IPC section 304 and relevant sections of the Motor Vehicle Act.
Source: aajtak
A 2019 Amendment to the Motor Vehicle Act
A pivotal amendment in 2019 to the Motor Vehicle Act introduced a new section for minor offenders, delineating accountability for_parents, guardians, or vehicle owners in such offenses.
Section 199A of the amended Motor Vehicle Act posits that in the event of an offense by a minor, the parent, guardian, or vehicle owner will be deemed guilty.
The amendment supposes the tacit consent of the parent, guardian, or vehicle owner when providing the vehicle, and upon conviction, they may face a three-year prison term and a fine of Rs. 25,000.
Not only does the owner face judicial consequences, but they bear the onus of proving their innocence and the inadvertence of the minor's crime.
The law further stipulates a one-year cancellation of the vehicle's registration, and the minor will not be issued a driving license until the age of 25.
Nevertheless, strict actions cannot be taken against the minor owing to his juvenile status. However, the police have expressed intentions to petition the court to try the juvenile as an adult as the case constitutes a heinous crime.
Following the horrific Delhi Nirbhaya case in 2012, the law was amended to ensure that juveniles older than 16 years committing heinous crimes can be tried as adults.
If the accused is adjudged a minor, he might be sent to a reform home for three years. However, in case of being tried as an adult and prison sentencing, the law mandates that he be kept in a reformation home until the age of 21 before being moved to jail.
Even if the juvenile is tried as an adult, he cannot receive the death penalty or life imprisonment.
