[DriverR]

Came across this news today -
Four Days Before Turning 18, He Killed a Man With Dad’s Mercedes. SC Says He Won’t Spend a Day in Jail

In 2016, a young man in Delhi lost his life when a speeding Mercedes Benz ran over him. The person behind the wheels was four days short of 18. He had been fined thrice before for traffic violations while he drove his father's car.

The Supreme Court on Thursday confirmed that the accused will not serve even a day behind bars. He shall be tried as a juvenile and kept under observation, if and when held guilty. “We are not solving a jigsaw puzzle... we cannot add or substitute word in a law. When two interpretations are possible, the one in the benefit of juveniles has to be adopted," said a bench headed by Justice Deepak Gupta.

The judge said that when the legal provision is clear, it is not possible to interpret it otherwise. "We are bound by law," he added.

While the juvenile board held that the delinquent must be tried as an adult since he had ample knowledge of the dangers of the act and in view of his mental capacity, the Delhi High Court decided against it.

Sister of 32-year-old marketing executive Siddharth Sharma, the victim, challenged this order in the Supreme Court.

The top court implored upon the law makers to bring about the amendments but said that in this case, the accused cannot be tried as an adult.

This news is troubling for me as while i understand the law needs to be followed, there are still glaring gaps in the law that allow people to get away with crime. Many crimes are being committed by juveniles, and if the law says that they are unable to take appropriate measures then i don't know whether one can expect justice in any juvenile-based crimes. If i keep side the so-called 'heinous' offences, does it mean that juveniles can keep committing serious offences (non-heinous) that can lead to death such as the above case and keep getting away legally? Where is the justice then? In fact with more juveniles driving cars and bikes, the likelihood of similar incidents happening again and again is high.

If the common man lose hope in the law, vigilantism or mob fury as we have seen in many accident cases, seems understandable. (I am not endorsing/supporting mob fury. I am just saying i can understand why they would want to take law in their hands, if the law fails to provide justice.)

[dark.knight]

This should be moved into either the Street Experiences thread or the Safety thread.

For decades now, we've seen children break windows when playing cricket, bully other children, scratch and destroy others property, get into bad vehicular collisions and break road rules like there's no tomorrow, each time they've been magically forgiven because "hormones," "lack of experience" or "bacche hain" (they're kids afterall).

I was always a responsible kid, and was brought up always with a sense of responsibility for my thoughts or actions and was reprimanded severely had I strayed from those ideals. Children /teens can understand right from wrong, its a matter of being told or warned of consequences.

I'd say if a teenager/underaged kid indulged in adult stuff like driving/riding, drinking, and non-consensual venereal actions, that individual must be tried as an adult and fully processed by law.

Most people seem to think of the youth as the most precious resource out there and that they should be encouraged and nurtured even if they make mistakes, I've been there and I think that's nonsense. Teen years to early twenties are a very painful period for others to behold, where all sorts of nonsense is done under the excuse of discovering oneself or rebellion.

That kid or his father should've been processed by law, there was no question on that. Zero mercy when a half baked brain with hormonal surges is out there helming a powerful car, it should be straight to jail.

[srini1785]

Correct me if i am wrong, wasn't the recent RTO amendment act (i may have got the name of the act wrong) drafted precisely for prosecuting such juvenile offenders?.

[Thermodynamics]

Punishment must be there, need not be as severe as for an adult but has to be severe enough to deter such incidents. If we let loose these things, goons can employ juveniles and get away with crimes.

[GTO]

Mod Note: Thread moved to the street experiences section!

[SideView]

Come on, I am loosing faith in Indian judiciary each day. We are talking about situation where person has lost his life.


The “juvenile” has been fined multiple yet commits the same mistake again and some innocent person looses his life.

If it were upto me I would put both his Dad and him in jail.(not for life but 7 years to teach some sense into him)

Dad for providing the vehicle and son for murder.

Only chance I would side with the son is if the man on the road was jaywalking ( but still should get jail time)

[revsperminute]

Whoa! Before letting someone drive a car, he/she has to be educated about the sheer amount of responsibility that comes along with the act. Being in control of a tonne of metal hurtling down the street is no menial task. When I was just starting to learn driving, my dad explicitly stated the responsibilities that one undertakes when he/she is behind the wheel of a car. With 5 days left for my 18th birthday, recieving this kind of news is very disheartening.

[mallumowgli]

I think he will be tried as a juvenile and will be sent to juvenile home if found guilty. But his parent needs to be punished appropriately

[blackwasp]

Originally Posted by DriverR

This news is troubling for me as while i understand the law needs to be followed, there are still glaring gaps in the law that allow people to get away with crime.

Why isn't the owner charged as well? It was his vehicle that was being used unlawfully.

The cops should have also charged the underage driver and the owner of the vehicle under following sections of the MV act:
180 - Allowing unauthorised persons to drive vehicle
181 - Driving in contravention of section 3 (necessity of driving license) or section 4 (age limit)

While the incident occurred in 2016, the newer MV Act only has higher punishments but the sections are still there.

An example must be set here - otherwise whats the point?

[gkveda]

Seriously, is this why the Lady Justice has been blind folded ? I have no words to comment on the justice in our country after reading this.

On a lighter note, I am surprised that the Victim OR any of his family members are NOT punished by court on basis of "Acting insensibly on the road by coming in front of a car driven by child"

[manjunathkl]

Originally Posted by DriverR

Came across this news today -
Four Days Before Turning 18, He Killed a Man With Dad’s Mercedes. SC Says He Won’t Spend a Day in Jail

The article did not comment on what his father's (owner of the car) charges were. According to my knowledge, if a juvenile got hold of his parent's car and any offense committed, the charges are framed against the parent.

Legal experts here, please correct me if I'm wrong.

[charanreddy]

Originally Posted by manjunathkl

The article did not comment on what his father's (owner of the car) charges were. According to my knowledge, if a juvenile got hold of his parent's car and any offense committed, the charges are framed against the parent.

Legal experts here, please correct me if I'm wrong.

I think this law is very recent. I read in news that the father tried to cover up saying that a driver was at the wheel, but this didn't fly with the authorities who arrested the son. All in all, a very sad state of affairs. I haven't the least faith in our justice deliver system.. remember Salman Khan's miraculous driver less car .. and how he was acquitted with in days of being convicted, after he hired a big shot lawyer..

[W.A.G.7]

Just 4 days in the age, can make such a difference; between the course, which law takes. I am no legal expert, but I feel that such loopholes are exploited time and again by persons who commit mistakes. If a person is old enough to drive a car, then I believe he is old enough to be punished.

Sadly nothing much can be done, it will be ages before we see a drastic difference in the way, the judiciary handles such cases.

[Sandeep M]

Some parents can be so naive that they would let a teen control a 2 ton metal without teaching the basic things like speed limit, and the responsibilities they carry.

It's sad that someone else had to lose their life due to this stupidity.

[Amrik Singh]

Have seen Parents seating Tiny Tots on their Lap while driving .... Which seat belt would they be using ?
In West, even a new born child is seated in a crib and in rear seat and he grows knowing very well where his seat is till he matures and is physically capable to sit in front. In India, child sits in the laps on front seat and considers it his birth right to sit in front and without any protection by seat belt. Sheer ignorant Parents drivers.