Underage driving continues to be a major safety concern in India, with several fatal accidents involving minors in recent years. Despite strict laws, instances of teenagers behind the wheel are rising. The consequences of such offences are severe—not just for the minor but also for their parents or guardians. Here’s a detailed look at the current rules, penalties, and legal actions related to underage driving as per the Motor Vehicles Act and the Juvenile Justice Act.
What the law says about underage driving
To legally drive in India, an individual must be at least 18 years old. Those aged 16 can apply only for a licence to ride motorcycles without gears with an engine capacity not exceeding 50cc. Any minor found operating other vehicles without a valid licence is committing a punishable offence under Indian law.
Fines and penalties under the Motor Vehicles Act (Amended 2019)
Section 199A: If a juvenile commits an offence under the Act, the parent or guardian or the vehicle owner is held responsible. Penalties include imprisonment of up to 3 years and a fine of Rs 25,000. The vehicle’s registration is also cancelled for 12 months.
Section 180: If a vehicle owner knowingly allows a minor to drive, they can be jailed for up to 3 months, fined up to Rs 5,000, or both.
Section 181: A minor who is caught driving may be punished with up to 3 months of imprisonment, a fine of up to Rs 5,000, or both.
In addition, if a minor is found guilty, they cannot apply for a driving licence until the age of 25.
What the Juvenile Justice (Care and Protection) Act says
Under Section 18 of this Act, if a minor commits an offence, several corrective actions can be taken: the child can be sent home with counselling, ordered to perform community service, fined, or placed under probation for up to three years under the supervision of a responsible adult. In more serious cases, the minor may be sent to a special home for up to three years where they receive education, therapy, and support.
If a minor causes an accident or fatality—especially under the influence of alcohol—they may be treated as an adult depending on the Juvenile Justice Board’s assessment of their understanding and intent. In such cases, the case may be transferred to a Children’s Court which follows procedures for adult trials.
Drunk driving by minors
Under Section 185 of the Motor Vehicles Act, if any driver—minor or adult—is found with blood alcohol levels over 30 mg per 100 ml, they may face imprisonment of up to 6 months, fines, and licence suspension. If a minor aged between 16 and 18 drives under the influence and causes death or injury, they can be jailed for 7 years or more and may be tried as an adult depending on the case’s gravity.
RTO rules for driving licences for minors
Only individuals aged 18 and above are eligible for a full driving licence. At age 16, one may apply for a licence to drive gearless two-wheelers under 50cc. This licence is temporary and must be renewed upon turning 18. Driving any vehicle beyond this capacity as a minor invites legal consequences and delays full licence eligibility until the age of 25.
Why parental awareness is key
Many parents overlook the dangers of allowing their children to use vehicles for short errands or school runs, assuming it's harmless. However, lack of proper training, immaturity, and peer influence can lead to serious road accidents and legal complications. It’s vital for guardians to have clear discussions with their children about why waiting until they are legally eligible and properly trained is not just the law—but also for their own safety and that of others.
The role of law enforcement
Police and traffic authorities must continue their efforts to enforce these laws without compromise. Regular document checks, awareness campaigns, and school-based education drives are essential to curb underage driving. The challenge lies in spotting underage drivers, but increased vigilance and public cooperation can help reduce such offences.
In conclusion, underage driving is not just a legal issue—it’s a safety crisis. The consequences are harsh and long-lasting for both the minors and their parents. A combination of legal enforcement, parental vigilance, and public awareness is the only way forward to prevent unnecessary tragedies on Indian roads.
