Regulating Road Traffic Violation by Youth in India: A Therapeutic Jurisprudential Approach

Abstract

Traffic Violations (except grave offences like hit-and–run cases) are considered as petty violations of laws in Indian context. The punishments prescribed for traffic rule violations stem out majorly from Motor Vehicles Act,1988 (amended in 1994) and partly from the provisions of Indian Penal Code. But such sentences may remain limited to pecuniary fines or jail terms for a minimum period. In most cases, the offender may not have to undergo the later especially when the provision provides option between pecuniary fines and jail term by including “or” in the penal portion. This article claims that such nature of punishment may not serve actual purpose of traffic violation penology because the offender may get away only with pecuniary fines and may repeat the offence since he/she may know that he/she may always get away with ‘just fines’. This article offers solution for this from Therapeutic Jurisprudential perspectives using the Safe driving center model proposed by Winnick & Perez(2009).