30

May

Porsche car case: How media should not report.

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Amod K Kanth

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New Delhi, 30 May 2024

The Porsche car case of Pune will remain in the news for various reasons- the killing of two men being the least of them. We will see how long the mowing down of two persons in Gonda by an SUV in the convoy a candidate remains in the news.

But let’s get the basic facts of the Porsche case to begin with.

A 17 year plus boy in Pune who was allegedly driving the 2.5 crore Porsche car of his father on the night of May 19, hit a bike carrying two engineers who died on the spot with the impact.

Article at a Glance

 

The Porsche car case in Pune has sparked controversy and debate. A 17-year-old boy, driving his father's luxury car, hit and killed two engineers on a bike. The boy was granted bail and ordered to write an essay on safe driving and perform community service.

However, questions arise about whether he was drunk at the time of the accident. Two doctors have been suspended for falsifying medical reports, and alcohol has been found in one of the blood samples. The case highlights the nuances of the Juvenile Justice Act, which allows for community service and prohibits FIR registration for minors.

The boy's fate will depend on whether he was driving under the influence or not, with potential sentences ranging from 2 to 10 years. The father, accountable for his minor child's actions, has been arrested under the Motor Vehicle Act.

 

The car, according to Police reports, had four occupants at that time. One of course, was the boy usually called a juvenile, his driver on the passenger seat and two of his friends in the back seat at the time of the accident.

The incident would have passed of as a normal accident case but for the fact that a Juvenile Justice Board gave him bail and asked him to write a 300-word essay on how to drive safely and work with the Traffic Police for 15 days.

This created a storm, but for the information of the newspaper readers, community service is one of the recommendations under the JJ Act 2015 and this is not the first time it has happened.

The crux of the matter is whether this boy was drunk at the time of the accident as is being made out from his visits to two pubs before the accident or he was in his full senses.

Now two doctors have also been suspended for giving false medical reports ruling out alcohol from his blood report. But alcohol has already been found in one of the blood samples.

This is critical in this case and even the lawyers of the boy don’t seem to understand that they are only enhancing his punishment by removing alcohol traces.

If he is charged under Section 304 A of the IPC for culpable homicide not amounting to murder through rash and negligent driving he will get a maximum term of two years. Normally this is bailable.

But if he is found to have been driving in his full senses, without the influence of liquor, he could be charged under 304 of IPC which means culpable homicide not amounting to murder and it would get him a maximum term of 10 years.

Similarly, all talk of registering an FIR is ignorance about the prevalent laws. Under the amended JJ Act of 2015, no FIR can be filed against a minor where the punishment is less than seven years.

Under the JJ Act there are three categories of punishments

Under 3 years for Petty offences

3/7 years for Serious offences

Seven years and above for Heinous offences

This case seems to have drawn so much attention because the father of the boy is a prominent builder and the son was driving a very expensive car. But the Courts have to go by the law of the land.

Another thing. Since the boy is a minor there is no question of Investigations as done under the Criminal Justice System which is only for adults. All that the Juvenile Justice Board can do is to conduct an Inquiry.

Similarly, to decide whether the boy can be treated as an adult or not in the hands of the Police. It is the JJ Board which takes the assistance of a psychologist and other experts to conclude whether the boy can be treated as an adult.

It is a lesser known fact that the JJ Board is not supposed to expose a child to an adult court and start proceedings under the Criminal Justice System. Once the JJB submits a report to the Children’s Court and Special Court it is in their authority to decide whether to treat the child as an adult.

Whatever the public or readers may like to speculate it is also a lesser known fact that a child cannot be incarcerated in jail and has to be kept in a place of safety until the time he is 21.

The child cannot be remanded which means that he cannot be kept in police lock up or in judicial custody. He cannot be awarded either death or life sentence under the prevalent laws of India.

The only correct step they have taken is to arrest the father of the boy because he is accountable for the actions of his minor child under the Motor Vehicle Act.

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