Pune Porsche accident case: What are the drunk driving laws for minors and adults in India?

A 17-year-old boy in Pune, India, was released on bail within 15 hours of being detained for reportedly running over two people with his over-speeding Porsche car in the early hours of Sunday. The case has sparked concerns about the enforcement of drunk driving laws, especially when it involves minors.

The minor, who is the son of a prominent builder, Vishal Agarwal, was released by the Juvenile Justice Board on the condition that he writes an essay reflecting on the accident, seeks help to give up drinking and does voluntary work with the Pune traffic police. His father, Agarwal, who was also implicated under the Juvenile Justice Act, was detained and brought back to the city for further investigation, according to Pune police commissioner Amitesh Kumar.

The Pune Police are seeking permission to try the juvenile accused as an adult under the Juvenile Justice Act, indicating the severity of the incident and its potential legal ramifications.

The tragic event occurred following a party where the accused and his friends consumed alcohol. It highlights the dangers associated with underage drinking and its impact on road safety.

What are the drunk driving laws in India?

In India, the legal drinking age is between 18 and 25 years, depending on different state laws. The Motor Vehicles Act of 1988, amended in 2019, includes specific provisions to address drunk driving, with clear guidelines and punishments for offenders under Section 185 of the Act.

• According to the Act, if a person is found driving a motor vehicle beyond the permissible limit of 30 mg per 100 ml in blood, or drugs, they are subject to imprisonment and fines. The offender's driving license may also be suspended and subsequent offences carry even harsher penalties.
• The motorist faces a maximum six-month jail sentence, a fine of up to Rs 10,000, or both for their first offence. Furthermore, their driver's license can be suspended for a predetermined amount of time.
• If the person commits another offence within three years of the first conviction, they might be sentenced to up to two years in prison and/or fined up to Rs fifteen thousand.
• In the event that drunk driving results in harm to another person, the criminal faces up to two years in prison and/or a fine of Rs 5,000.
• If an individual is killed as a result of drunk driving, the perpetrator may be sentenced to two to seven years in jail in addition to a fine.
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Drunk driving laws for minors

• For minor offenders, the guardian or owner of the motor vehicle will be held guilty of the contravention, and the juvenile will face fines and other penalties as provided in the Act.
• The guardian can be sent to jail for up to three years, along with a fine of Rs 25,000. The registration of the motor vehicle used for the offence will be cancelled for 12 months.
• The minor must wait until they are 25 years old to be eligible for a learner's permit under Section 8 or a driver's license under Section 9.
• The juvenile shall be subject to the fines specified in the Act, and any sentence involving imprisonment may be altered in accordance with the Juvenile Justice Act, 2000 (56 of 2000).

The Pune incident has brought attention to the prevalence of drunk driving and its impact on road safety in India. According to road accident data for 2022, drunk driving accounted for a substantial portion of road fatalities, with 3,268 accidents and 1,503 deaths attributed to drunken driving, comprising 11% of the total road accident deaths in India in 2022.