
A Honda City with a 17-year-old boy at the wheel ran over a mule that had strayed onto Red Road early on Monday, the twin complexities of underage driving and an animal being killed by the vehicle making for a rare case.
The car's front was mangled but the driver and a friend of his escaped unscathed because the airbags deployed on impact. The teenager who was driving has been identified as the son of a prominent businessman and "a regular driver", although he is still a year short of the legal age to get the licence to drive.
Police impounded the Honda City and referred the case to the Juvenile Justice Board, but the boy was allowed to go home and stay "under parental guardianship".
The police's report to the Juvenile Justice Board describes the accident and the circumstances under which it occurred. Monday being a court holiday because of Id-ul-Zoha, the magistrate's decision would be known on Tuesday.
Senior police officers said the nature of the alleged offence - running over an animal on the road - was "not heinous" and so the boy wasn't arrested or detained.
In 2015, 422 people were run over on the streets of Calcutta, but there is no recent record of any large animal being fatally knocked down by a vehicle.
Metro spoke to police officers, lawyers, horse-carriage operators and veterinarians to find out how the law views underage driving and a vehicle running over an animal.
What happens when a minor is caught driving?
The legal age for driving a four-wheeler in India is 18. The offender is liable to be prosecuted under traffic laws and fined Rs 450 for the first offence and Rs 500 for the second and subsequent offences.
Is it an offence to run over an animal even if it has strayed onto the road?
Yes, it is. Fatally injuring an animal on the road amounts to rash and negligent driving (Section 279 of the IPC) and killing/maiming an animal (Section 429 of IPC). The second part of the offence carries a maximum punishment of five years in jail.
The moment an accident occurs, the victim gets the benefit of doubt even if he/she/it has carelessly or accidentally come in the way of a vehicle. The driver is either arrested or prosecuted and the vehicle impounded for a mechanical examination. Culpability and fault are fixed on the basis of the investigation.
What happens when the driver is a minor?
In the event of a minor running over an animal, he/she could be charged under Section 429 of the IPC, depending on the discretion of the magistrate presiding over the Juvenile Justice Board.
But unlike an adult accused of a similar offence, a minor would neither have to attend court proceedings nor be sent to jail. The case is heard by the Juvenile Justice Board and, if found guilty, the minor can be sent to a remand home. The maximum punishment is five years' confinement in the juvenile home.
Is the owner of a vehicle to be blamed if a minor takes the wheel and is involved in an accident?
Owners allowing anyone to drive without the person being in possession of a valid driving licence can be fined Rs 500 for the first offence, Rs 600 for the second and Rs 700 for the third.
From the fourth and subsequent offence, the owner can be fined Rs 1,000.
When an animal is run over, what would the law say if the driver were an adult?
The maximum punishment for this offence is the same for adults and minors.
What if the victim is a human?
A juvenile accused of running over a person could be booked under the IPC section pertaining to "death due to negligence" that attracts a maximum punishment of two years (in a juvenile home). Only if a motive is established could the driver be booked under charges of "murder or culpable homicide not amounting to murder".
Where did the mule killed on Monday come from?
Mules are a common sight in in the Maidan area . Hundreds of them are brought from Varanasi and Nalanda every year to draw carriages that ferry people along Queensway and in front of Victoria Memorial. Some of their owners leave them to graze on the Maidan. Some abandon them when they are no longer fit to pull carriages. Nobody has yet claimed ownership of the mule that died on Monday.