The lawyer representing the 17-year-old responsible for knocking down two techies in Pune questioned the legality of the father's arrest in the case.
In an interview with NDTV, lawyer Prashant Patil on Tuesday said the police need to produce evidence that the teen's father Vishal Agarwal was aware of his son's activities.
“For any action under criminal law, one needs knowledge. There has to be evidence that the father had complete knowledge whether the child was taking out the car or not— whatever the case may be,” he told NDTV.
Agarwal, a realtor, was arrested from Chhatrapati Sambhajinagar in Aurangabad on Tuesday morning. He was charged under sections 75 and 77 of the Juvenile Justice Act and relevant sections of the Indian Penal Code and the Motor Vehicles Act.
He said in civil or criminal law, the issue of accountability as a parent has been defined by the Juvenile Justice Act and the charges against the father have little to do with the case.
The police charges against the minor's father also have little to do with the case, he claimed.
"Section 75 deals with wilful neglect of a child, or exposing a child to mental or physical illnesses, while Section 77 deals with supplying a child with intoxicating liquor or drugs."
“Then, at the cost of some burden, if we go through the sections even as a layman – we will see they talk about a physical assault or abuse or wilful neglect,” he told NDTV.
On the intervening night of Saturday and Sunday, the accused juvenile along with his friends went to the two establishments between 9.30 pm and 1 am and allegedly consumed liquor, police had said.
While passing the order on Sunday, the board stated the Child-in-Conflict with Law (CCL) is released on bail on executing his personal bond and surety bond of Rs 7,500 with conditions that his parents shall take care of him and he will never get involved in offences in future.
It also directed him to visit the Regional Transport Office and study traffic rules, and submit a presentation to the board within 15 days.
"The CCL will write an essay of 300 words on the topic of road accidents and their solutions," the order read.
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