The55-year-old victim of the Kochi car crash and visuals from the spot (Photo: Screengrab/X) Kochi: The Kochi road accident case has raised questions over the legal consequences for the 17-year-old accused of causing the fatal crash and the responsibility of the vehicle’s owner. Kerala High Court advocate Basil Chandy Vavachan, speaking exclusively to Times Now Digital, outlined the possible criminal and civil liabilities in the case, including the provisions that may apply to the minor driver and the parent or registered owner of the vehicle. Explaining the legal provisions that may apply to the minor driver, parent or guardian, Vavachan said the minor could face proceedings for causing death by negligence if rash or negligent driving is established. However, since the accused is a juvenile, the case would be dealt with under the juvenile justice system. "If the accident was caused by rash or negligent driving, including over-speeding, the minor can be proceeded against for causing death by negligence. The offence is under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023," he said. "Because the accused is a juvenile, the case would go before the Juvenile Justice Board under the Juvenile Justice (Care and Protection of Children) Act, 2015, and not an ordinary criminal court," Vavachan added. On the criminal liability of the parent or guardian, the Kerala High Court advocate said a parent is not automatically criminally liable for an offence committed by a minor but could face prosecution under the Motor Vehicles Act if they owned the vehicle or knowingly allowed the child to drive it. "In my opinion, a parent is not criminally liable merely because the child committed an offence. Liability arises where the parent owns the vehicle. Section 199A of the Motor Vehicles Act, 1988, provides that when a juvenile commits an offence under the Act, the guardian and the registered owner are deemed guilty and can be prosecuted and punished. Section 180 of the Motor Vehicles Act also applies. Both these sections apply where the vehicle was handed over to the child, or the child was allowed to drive it, with the owner's consent or knowledge," he said. However, the law also provides for certain exceptions when determining the criminal liability of a parent or vehicle owner. Discussing these exceptions, Vavachan outlined the circumstances under which they may avoid prosecution, why the registered owner could also be held accountable, and how civil liability towards the victim’s family is treated separately. "The guardian or owner can be exempted from criminal liability under Section 199A if they prove that the offence was committed without their knowledge or that they exercised all due diligence to prevent it. The burden of proof, therefore, lies on the parent," the advocate said. "If the vehicle is registered in someone else's name, that owner may face liability as well. The civil liability of the owner to compensate the victim's family is not defeated by these defences in the same way, as it arises from ownership and the vehicle's use," he added. Amid protests over the initial release on bail, the 17-year-old accused was taken back into police custody. A more serious charge was later invoked in connection with the accident. The case has reportedly been transferred to the Crime Branch. The accident occurred in the early hours of Sunday, October 25, when Jayabalakrishnan, a resident of South Chittoor in Cheranalloor, was hit by a speeding Mercedes-Benz on Container Road in Marapparambu, Cheranalloor. The car was registered in the name of an Additional District Sessions Judge and was allegedly being driven by his minor son. According to the police, Jayabalakrishnan, who ran a roadside eatery, was returning home on his scooter when the accident occurred. With over 11 years in broadcast media, Amatya Kalia specializes in guest outreach, stakeholder engagement, and high-impact event programming, working ... View More