What if my child (under 18) drives a vehicle?
Simple answer
Illegal, except a 16-year-old may ride a motorcycle up to 50cc with a licence. If a minor breaks traffic law, the parent or owner faces up to 3 years' jail and a ₹25,000 fine, the RC is cancelled for a year, and the child can't get a licence until 25.
Real-life examples
Arjun, 17, took his father's car in Pune and was caught speeding. His father, as guardian and owner, was prosecuted. The car's registration was cancelled for 12 months, and Arjun cannot get a licence until he turns 25.
Rehaan, 15, secretly took his neighbour's scooter. The court presumes the owner allowed it, but the neighbour can escape liability by proving it happened without his knowledge or that he took all due care. Rehaan's parents, as guardians, can still face the case.
What should you do?
- 1Keep vehicle keys out of reach of children under 18.
- 2Don't let them drive even a short distance on a public road.
- 3If your 16- or 17-year-old wants to ride, they can apply, with your consent, for a learner's licence for a motorcycle up to 50cc only.
- 4If your child caused an accident, get the injured person to hospital first, then inform police and your insurer.
- 5If a case is filed against you, talk to a lawyer. Call NALSA at 15100 if you need free legal aid.
Exceptions & limits
- The parent or owner is not liable if the child held a learner's licence or licence for that vehicle, such as a 16-year-old on a motorcycle up to 50cc.
- The parent or owner can also escape punishment by proving the offence happened without their knowledge or that they took all due care to prevent it.
- The child pays the fines under the Act, but any jail term is dealt with under juvenile justice law.
Official legal reference
Motor Vehicles Act, 1988 — Section 4
No one under 18 may drive in a public place; from 16, a motorcycle up to 50cc is allowed; 20 for transport vehicles.
Motor Vehicles Act, 1988 — Section 199A
Offences by juveniles: guardian or owner deemed guilty, up to 3 years' jail and ₹25,000 fine; RC cancelled 12 months; no licence till 25.
Motor Vehicles Act, 1988 — Section 180
An owner who lets an unlicensed or underage person drive: up to 3 months' jail, or a ₹5,000 fine, or both.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- All of India
- Law in force since
- 1 Sept 2019
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.