INTRODUCTION:
The issue of road accidents is becoming a matter of concern for the country. In the last few years, there has been a sharp increase in the number of road accidents in the country. The main reasons for road accidents in the country are over speeding, careless driving (like wrong lane), drunk driving, not wearing helmet, not wearing seat belt and not maintaining vehicles etc. Recently, there was outrage all across the country pertaining to accident, where a luxury Porsche car killed two individuals in Pune on 19 May. The case was highlighted for two reasons, one because the accused was a minor and allegedly intoxicated, and second, because he belongs to a well-off family based in Pune and was driving a luxury Porsche car.In addition to this, the outrage was also pertaining to the fact that the Juvenile Board had granted bail to the accused along with a condition under the head of “community service”, where the accused was asked to write an essay on road accidents and safety, and he was also asked to assist the Traffic Police for a period of 15 days. While the country mourns the loss of two young lives and shares the grief of the families whose children were mercilessly mowed down by an irresponsible minor in Pune, we also stare at the stark reality of a defunct criminal justice system. If the drunk rich boy was reckless, one wonders how responsible was the Juvenile Justice Board that handled his criminal act with kid gloves. In this article we will discuss as to y the minor was granted bail, why was the father of minor arrested? And whether one can escape punishment soly on the ground of he being minor.
PUNE PORSCHE CAR CRASH: OVERVIEW
On May 19, of 2024, Porsche car allegedly driven by a 17-year-old boy collided with a motorcycle, killing two in Pune’s Kalyani Nagar, The incident first came to public attention when a friend of the deceased filed an FIR at the Yerwada police station, the victims were identified as Aneesh Awadhiya and Ashwini Koshta, both 24-year-old software engineers working in Pune The two died on the spot. Police have said the 17-year-old accused, son of a prominent Pune realtor, was heavily drunk at the time of the accident. During the investigation, on May 20. Information disclosed that, the Porsche, allegedly driven by a minor, was traveling at an estimated speed of 160 km/h when it crashed into the victims’ motorcycle. As per the sources it is alleged that There are also concerns over the delay in a blood alcohol test of the minor as the minor was taken to Sassoon hospital around 9 am and the sample was collected around 11 am. Minutes after the accident, the teen’s father called the driver and offered him a reward in lieu of a cash reward. They asked the driver to switch places with the boy and tell the police that he was driving the car. When the driver turned down the offer, they tried to threaten him into accepting that he was behind the wheel when the accident took place, The driver has filed a police complaint where he also claims that the teen’s grandfather locked him up and did not allow him to go home for two days. Police have registered a wrongful confinement case and arrested the grandfather.”The teen’s grandfather and father allegedly took the driver’s phone and put him in confinement in his house on the premises of their bungalow from May 19 to May 20. The driver was freed by his wife,” said an official from the crime branch, which is probing the case. Cops said that they have CCTV footage and other evidence to prove that the teen, who was drunk, was driving the Porsche.further it was revealed that The boy had gone out to celebrate with his friends after passing his Class 12 board exams. After partying at a posh Pune club, where they ran up a bill of ₹ 48,000, the boy fought with the driver for the keys of the car. The driver initially resisted, but allowed the teen to drive after a call with the boy’s father.Driving at 160 kmph, the teen crashed into a bike killing two 24-year-old software engineers from Madhya Pradesh. He was taken into custody by police at 3 am, and granted bail within 15 hours on the conditions seen as flimsy. He was asked to write a 300-word essay on road accidents, told to work with traffic cops for 15 days, and seek counselling for his drinking habit. As per the Pune police, the minor accused has told them his father knew he was consuming liquor. The police say they also have evidence, including the CCTV footage from two restaurants, which indicates the boy had been drinking with friends late on Saturday.On May 21, the Pune police detained the father under Sections 75 and 77 of the Juvenile Justice Act for allowing his minor son to consume alcohol and drive the Porsche while intoxicated. Additionally, police invoked provisions of the Motor Vehicle Act for permitting a minor to drive without a license. Later, the Juvenile Justice Board modified the order and sent him to a remand home till June 5. The police have requested the board permission to try the teen as an adult.The case has sparked outrage across the nation with several protests being held seeking swift justice.
THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
The Juvenile Justice Act of 2015 is a law in India that deals with the care and protection of children. It was enacted in 2015 and replaced the previous Juvenile Justice Act, 1986. The Act defines a child as a person who is below the age of 18 years. It also defines different categories of children. This includes children in need of care and protection, children in conflict with the law, and children in institutional care.The Juvenile Justice Care and Protection of Children Act 2015 is an act to strengthen and amend the law relating to children who are alleged to be in conflict with the law and children who are in need of care and protection by meeting their basic needs through adequate care, protection, development, treatment, along with social reintegration, by adopting and implementing a child-friendly approach in the arbitration and disposal of matters and cases in the finest interest of children and for the rehabilitation of children therefore, From the facts of the present case in question, the accused will probably be tried as a minor,The juvenile justice act is applicable as the accused here is aged about 17 years, Also under the Juvenile Justice (Care and Protection of Children) Act of 2015 (JJ Act), there’s a provision with regard to age verification and assessment of a Child in Conflict with Law (CFL) and if the accused is said to be mentally stable then he will be tried as an adult, and not a juvenile.
WHY WAS THE MINOR GRANTED BAIL?
The present case is booked under Section 304A of the Indian Penal Code which is a bailable offence, and therefore, no court can refuse bail to the accused and in most cases, the accused is given bail through bonds in the police station itself If we go by the facts of the case that is in question, sec 10 of jj act, talks about Apprehension of child alleged to be in conflict with law, as per this section once a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the Board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended the act also Provides that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail.However as per sec 12 of the said act, any person, who is apparently a child and is alleged to have committed a abailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person Hence the minor was granted bail, therefore instead of criticizing judges, its time to critisize law makers for the presense of such law
WHY WAS THE MINORS FATHER ARRESTED?
The police also arrested the minor’s father for allegedly giving him a car without number plates and money despite knowing that he drinks and was a minor without a driving licence.Wherein the minor’s father was arrested on the basis of parential liability as per sec 199A of the motor vehicles act,which states that the guardian or the owner of the motor vehicle will be held responsible/liable for the acts done by the minor/juvenile, and the minor will only face the fine and penalties prescribed under the Act. The maximum punishment prescribed is three years, along with a fine of Rs 25,000, and the cancellation of the motor registration of the vehicle owner. Similarly,the minors father wad also arrested under Sec77 of the juvenile justice act, which talks about Penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child, wherein it states that Whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment.
WHAT IS THE NEXT PROCESS, CAN A MINOR ESCAPE PUNISHMENT:
Minor cannot escape the punishment and can be punished if any minor is 16 to 18 years of age and is involved in a serious crime, wherein he can be tried and punished as an adult but the juvenile justice board has to decide it on the basis of considering the physical and mental capacity of the minor while committing the offence, however it is mainly to be determined whether the minor was aware of the consequences of the crime and whether he was understanding the result of the act he likely committed.Under the Juvenile Justice (Care and Protection of Children) Act 2015 in India, the process to determine whether a minor can be tried as an adult involves several steps. The Act distinguishes between children in conflict with the law based on the nature of the offence and the age of the child.Therefore in the present case there is highest possibility of the minor being treated as adult and tried asif the adult has committed the crime
WHAT HAPPENS IF THE MINOR HAS TO BE TREATED AS AN ADULT:
After the preliminary assessment under Section 15 of the Act, if the Juvenile Board decides that the child should be tried as an adult, the case is transferred to the Children’s Court, which is a designated court for trying such cases. The Children’s Court has the authority to conduct the trial in the same manner as for adults, but it also takes into consideration the child’s age and possibility to reform.If the minor is to be treated as an adult, then the trial is conducted following the procedure applicable for adults, ensuring a fair and just trial. Lastly, if found guilty, the Children’s Court may order the child to be sent to a place of safety until they turn 21, after which, the individual can be transferred to an adult prison to serve the remaining term, if necessary.
In conclusion we can say that Needless to say that the accident was heinous and disastrous, and we lost two individuals to the accident, but at the same time, we need to understand that the loophole is in our own law, and not because of the position of the parties with regard to this particular accident.
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Article written by: Sowmya.R
