Karnataka high court for stricter laws to put brakes on wheelie menace, legal experts stress need for harsher laws
Bengaluru: The high court has called for stringent laws to deter and punish bikers performing life-threatening stunts on roads, while hearing a petition of a rider from Koppal district's Gangavati taluk.
Echoing the concerns, legal experts have welcomed the court's observation. Declining bail to the 29-year-old rider, the HC's Dharwad bench noted: "It's the duty of the state and its law-enforcement agencies to legislate legal provisions and take stringent measures to suppress the perilous activity. The legislature has to take into consideration that existing statutory provisions are hardly sufficient to curb the menace. To fill this vacuum, suitable and stringent provisions are to be incorporated by amending the Indian Penal Code and
Motor Vehicles Act
to complement each other."Justice
V Srishananda noted that increasing fatal accidents caused by wheelie incidents have shaken the citizens' confidence. The prosecution agencies are facing difficulties in charging offenders with severe penalties that would effectively prevent such incidents, the court added.Dr Aruna Shyam, senior advocate and former additional advocate general, said although Sections 184 and 189 of Motor Vehicles Act and Section 281 of Bharatiya Nyaya Sanhita contain provisions to address wheeling, rash, and negligent driving — which are cognizable and bailable offences — these laws must be enforced more rigorously to deter such dangerous behaviour.
The legislature must also take into account that the existing legal framework is largely inadequate to effectively curb the growing menace of reckless and negligent driving.P Prasanna Kumar, special public prosecutor for NIA and CBI, said the HC has pointed to gaps in motor-vehicle laws and cited examples from several US states which specifically ban stunt-riding and incrementally impose higher penalties and impound licence and the vehicle too.He said: "In the US, specifically in states such as Florida, performing a wheelie is clearly defined and penalised. The law states: 'A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped'."The law, according to Prasanna Kumar, slaps a penalty of $1,000 for the first offence, not less than $2,500 and suspension of driving licence for a second offence, and $3,500 and seizure of vehicle for a third offence. "It's time amendments to the Motor Vehicles Act and the BNS were brought in here," he added.Senior advocate MS Shyamsundar said the HC's observation should serve as an eye-opener to the lawmakers to make harsher laws to deal with those "who disturb tranquil civic society" since basic civic laws are "apparently a neglected area"."It is the knowledge and fear of law and penalty that keeps mischief makers in check," he said, citing the example of Bengaluru-Mysuru Expressway where stricter penalties are imposed for violating speed limit.GR Mohan, an advocate, said the relevant law requires it to be amended as the wheeling is usually performed by minors and their parents must be booked with higher penalty and imprisonment.Box 532 CASES IN 2024According to Bengaluru traffic police, 283 cases were booked against persons performing wheelie stunts in 2022. The number fell to 219 in 2023 but suddenly rose to 532 in 2024. At least, 23 minors were booked in 2022. The number soared to 74 in 2023 and hit 121 in 2024.Similarly, 22 parents/guardians/vehicle owners were booked in 2022, 71 in 2023 and 79 in 2024.What happens if caught performing wheelies?* Police file FIR for rash driving, riding on a public way. If rider is a minor, parents or guardians or vehicle owner will also be booked* If it's a souped-up bike, Indian Motor Vehicle Act is invoked* If offender pleads guilty, he/she can pay penalty and the case is closedPAY FINE, DUCK CONVICTIONAs all cases are closed with offenders paying penalties, no conviction has been seen in wheelie cases in the recent past, said a traffic police officer. "However, in Bengaluru, we have booked some parents or guardians under the Juvenile Justice Act for neglecting their wards. Some cases have been chargesheeted," he said.BIKE IMPOUNDED UP TO A MONTHThe two-wheeler seized from offenders will be parked at the police station for a week. "We release them after offenders pay a fine. Normally, it takes about 10 days for the offender to reclaim his bike. Further, if there are modifications made to the vehicle, the regional transport office will have to inspect it and file a report. At such times, it may take a month to get the bike back," police said.
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