Cheranalloor Accident: Court seeks report on use of Section 105 of BNS in cases involving minor drivers

The Ernakulam Additional District and Sessions Court has issued a significant order in the case of the fatal accident at Cheranalloor, Kochi. During the hearing on an appeal seeking the cancellation of bail granted to the 17-year-old minor involved, the court directed the investigating officer to submit data within one hour regarding FIRs registered under Section 105 of the Bharatiya Nyaya Sanhita (BNS) in cases of accidents caused by minor drivers across the state. This section of the BNS provides for punishment for culpable homicide not amounting to murder.

According to a report by The Hindu, Judge Kavitha Gangadharan requested this data to be linked with the order on the appeal against bail. This appeal was filed by the prosecution and the family of the deceased, who object to the bail granted to the minor by the Juvenile Justice Board. The judge issued a clear warning to the Assistant Commissioner of the Crime Branch that if this section has not been used in any other similar cases in the state and has been applied only in this instance, the responsibility will lie with the investigating officer.

The court also expressed dissatisfaction with the functioning of the investigating agency. The judge criticized the proceedings, stating that the appeal against bail should have been filed in the special court designated for cases involving minors instead of the Principal Sessions Court. Additionally, the court asked the prosecution whether they had any doubt that the Juvenile Justice Model Rules for children in conflict with the law is the only framework of the state government.

During the hearing of this case earlier on November 2, 2026, the court expressed displeasure over a dispute between the prosecution and the lawyer for the victim's family. Subsequently, the court ordered the day's proceedings to be held in-camera (behind closed doors). However, the family's lawyer opposed this decision. Bhadra Keerthi, daughter of the deceased Jayabalakrishnan, told the media that the family does not have faith in the prosecution represented by Special Public Prosecutor P.A. Bindu.

On the other hand, the prosecution complained to the court that the victim's family was interfering with the independent investigation by giving contradictory statements to the media. The family's lawyer, M.G. Sreejith, denied these allegations and accused the prosecution of not cooperating. Lawyer Sreejith informed the court that he had certain matters that could not be discussed in open court, which led the judge to decide to hold the proceedings in-camera. This entire matter is sparking serious discussions regarding the legal process and the transparency of the investigation following the Cheranalloor accident.

Under this code, punishments and procedures for various crimes have been changed, and in cases of serious crimes and accidents committed by minors, compliance with legal provisions is considered extremely important.