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Juvenile Offenders And Fatal Road Accidents In India: Reforming The Legal Approach To Rash And Drunken Driving




Adv. Nidhi Meshram, Yashwant Mahavidyalaya Higher Learning Research Centre, Wardha

Prof. Dr. Shipra Singam, Yashwant Mahavidyalaya Higher Learning Research Centre, Wardha


ABSTRACT


Road traffic accidents are a major cause of death and injury in India, particularly involving juveniles in cases of rash and drunken driving. This research paper explores the legal framework surrounding juvenile offenders in fatal accidents under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Motor Vehicles Act, 1988, alongside relevant provisions of the Indian Penal Code. It critiques the current legal system, identifies shortcomings in addressing juvenile-caused fatalities, and suggests reforms to balance rehabilitation of minors with justice for victims.


INTRODUCTION


Road safety in India has become a pressing public policy concern, exacerbated by rapid urbanization, rising vehicle ownership, and insufficient enforcement of traffic laws, leading to a significant increase in road accidents. Government statistics reveal that thousands die annually in these incidents. A concerning trend is the participation of juveniles in road accidents, which often involve reckless behaviors such as rash driving, overspeeding, and driving under the influence. Instances of minors illegally operating vehicles and causing fatal accidents raise complex legal and ethical dilemmas regarding the adequacy of criminal liability for juvenile offenders. The Indian legal framework adopts a reformative stance under the Juvenile Justice (Care and Protection of Children) Act, 2015, focusing on rehabilitation rather than punitive measures for juvenile offenders. Nonetheless, when juvenile actions result in fatalities, there is societal pressure for increased accountability. This research paper delves into the legal challenges surrounding juvenile offenders in fatal road accidents, assessing whether the existing legal structure effectively addresses these cases and if reforms are necessary to balance justice for victims with the rehabilitative goals of the juvenile justice system.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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