[192B. Offences relating to registration.—
(1) Whoever, being the owner of a motor vehicle, fails to
make an application for registration of such motor vehicle under sub-section
(1) of section 41 shall be
punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle
whichever is higher.
(2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle
under the second proviso to sub-section
(1) of section 41 shall be punishable with fine of fifteen times the
annual road tax or the lifetime tax of the motor vehicle whichever is higher.
(3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle
on the basis of documents which were, or by representation of facts which was, false in any material
particular, or the engine number or the chassis number embossed thereon are different from such number
entered in the certificate of registration shall be punishable with imprisonment for a term which shall not
be less than six months but may extend to one year and with fine equal to ten times the amount of the
annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher.
(4) Whoever, being a dealer, obtains a certificate of registration for such vehicle on the basis of
documents which were, or by representation of facts which was, false in any material particular, or the
engine number or the chassis number embossed thereon are different from such number entered in the
certificate of registration shall be punishable with imprisonment for a term which shall not be less than six
months but may extend to one year and with fine equal to ten times the amount of annual road tax or two-
third the lifetime tax of the motor vehicle, whichever is higher.]
193. Punishment of 2[agents, canvassers and aggregators] without proper authority.—Whoever
engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules
made thereunder shall be punishable for the first offence with fine 3[of one thousand rupees] and for any
second or subsequent offence with imprisonment which may extend to six months, or with fine 4[of two
thousand rupees], or with both.
5
[
(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of
any rules made there under shall be punishable with fine up to one lakh rupees but shall not be less than
twenty-five thousand rupees.
(3) Whoever, while operating as an aggregator contravenes a condition of the licence granted under
sub-section
(1) of section 93, not designated by the State Government as a material condition, shall be
punishable with fine of five thousand rupees.]
194. Driving vehicle exceeding permissible weight.—6[
(1) Whoever drives a motor vehicle or
causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section
114 or section 115 shall be punishable with 7*** fine 8[of twenty thousand rupees and an additional
amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for
off-loading of the excess load.]
9
[
Provided that such motor vehicle shall not be allowed to move before such excess load is removed
or is caused or allowed to be removed by the person in control of such motor vehicle.]
1. Ins. by Act 32 of 2019, s. 76 (w.e.f. 1-4-2021).
2. Subs. by s. 77, ibid., for “agents and canvassers” (w.e.f. 1-4-2021).
3. Subs. by s. 77, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019).
4. Subs. by s. 77, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019).
5. Ins. by s. 77, ibid, (w.e.f. 1-4-2021).
6. Subs. by Act 54 of 1994, s. 57, for sub-section
(1) (w.e.f. 14-11-1994).
7. The word “minimum” omitted by Act 32 of 2019, s. 78 (w.e.f. 1-9-2019).
8. Subs. by s. 78, ibid., for “of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load”
(w.e.f. 1-9-2019).
9. Ins. by s. 78. ibid. (w.e.f. 1-9-2019).
103
9
[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such
motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally
beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be
punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading
of such load:
Provided that such motor vehicle shall not be allowed to move before such load is arranged in a
manner such that there is no extension of the load laterally beyond the side of the body or to the front or
to the rear or in height beyond the permissible limit:
Provided further that nothing in this sub-section shall apply when such motor vehicle has been given
an exemption by the competent authority authorised in this behalf, by the State Government or the Central
Government, allowing the carriage of a particular load.]
(2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being
directed to do so by an officer authorised in this behalf under section 114 or removes or causes the
removal of the load or part of it prior to weighing shall be punishable with fine 1[of forty thousand
rupees].
2
[194A. Carriage of excess passengers.—Whoever drives a transport vehicle or causes or allows a
transport vehicle to be driven while carrying more passengers than is authorised in the registration
certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be
punishable with a fine of two hundred rupees per excess passenger:
Provided that such transport vehicle shall not be allowed to move before the excess passengers are
off-loaded and an alternative transport is arranged for such passengers.
194B. Use of safety belts and the seating of children.—
(1) Whoever drives a motor vehicle without
wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one
thousand rupees:
Provided that the State Government, may by notification in the Official Gazette, exclude the
application of this sub-section to transport vehicles to carry standing passengers or other specified classes
of transport vehicles.
(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who,
not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system
shall be punishable with a fine of one thousand rupees.
194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders.—
Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the
provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of
one thousand rupees and he shall be disqualified for holding licence for a period of three months.
194D. Penalty for not wearing protective headgear.—Whoever drives a motor cycle or causes or
allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or
regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be
disqualified for holding licence for a period of three months.
194E. Failure to allow free passage to emergency vehicles.—Whoever while driving a motor
vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance
or other emergency vehicle as may be specified by the State Government, shall be punishable with
imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with
both.
194F. Use of horns and silence zones.—Whoever—
(a) while driving a motor vehicle—
1. Subs. by Act 32 of 2019, s. 78, for “which may extend to three thousand rupees” (w.e.f. 1-9-2019).
2. Ins. by s. 79, ibid. (w.e.f. 1-9-2019).
104
(i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or
(ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or
(b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other
than through the silencer,
shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine
of two thousand rupees.]
195. [Imposition of minimum fine under certain circumstances.]—Omitted by Act The Motor Vehicles
(Amendment) Act, 2019 (32 of 2019), s. 80 (w.e.f. 1-9-2019).
196. Driving uninsured vehicle.—Whoever drives a motor vehicle or causes or allows a motor
vehicle to be driven in contravention of the provisions of section 146 shall be punishable 1[for the first
offence] with imprisonment which may extend to three months, or with fine 2[of two thousand rupees], or
with both 1[, and for a subsequent offence shall be punishable with imprisonment for a term which may
extend to three months, or with fine of four thousand rupees, or with both.]
197. Taking vehicle without authority.—
(1) Whoever takes and drives away any motor vehicle
without having either the consent of the owner thereof or other lawful authority shall be punishable with
imprisonment which may extend to three months or with fine 3[of five thousand rupees], or with both.
Provided that no person shall be convicted under this section if the Court is satisfied that such person
acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would
in the circumstances of the case have given his consent if he had been asked therefor.
(2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or
exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three
months, or with fine 3[of five thousand rupees], or with both.
(3) Whoever attempts to commit any of the acts referred to in sub-section
(1) or sub-section
(2) in
relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have
committed an offence under sub-section
(1) or, as the case may be, sub-section
(2).
198. Unauthorised interference with vehicle.—Whoever otherwise than with lawful authority or
reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of
the mechanism of a motor vehicle shall be punishable 4[with fine of one thousand rupees].
5
[198A. Failure to comply with standards for road design, construction and maintenance.—
(1)
Any designated authority, contractor, consultant or concessionaire responsible for the design or
construction or maintenance of the safety standards of the road shall follow such design, construction and
maintenance standards, as may be prescribed by the Central Government from time to time.
(2) Where failure on the part of the designated authority, contractor, consultant or concessionaire
responsible under sub-section
(1) to comply with standards for road design, construction and
maintenance, results in death or disability, such authority or contractor or concessionaire shall be
punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund
constituted under section 164B.
(3) For the purposes of sub-section
(2), the court shall in particular have regard to the following
matters, namely:—
(a) the characteristics of the road, and the nature and type of traffic which was reasonably
expected to use it as per the design of road;
1. Ins. by Act 32 of 2019, s. 81. (w.e.f. 1-9-2019).
2. Subs. by s. 81, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019).
3. Subs. by s. 82, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019).
4. Subs. by s. 83, ibid., for “with fine which may extend to one hundred rupees” (w.e.f 1-9-2019).
5. Ins. by s. 84, ibid. (w.e.f. 1-9-2019).
105
(b) the standard of maintenance norms applicable for a road of that character and use by such
traffic;
(c) the state of repair in which road users would have expected to find the road;
(d) whether the designated authority responsible for the maintenance of the road knew, or could
reasonably have been expected to know, that the condition of the part of the road to which the action
relates was likely to cause danger to the road users;
(e) whether the designated authority responsible for the maintenance of the road could not
reasonably have been expected to repair that part of the road before the cause of action arose;
(f) whether adequate warning notices through road signs, of its condition had been displayed; and
(g) such other matters as may be prescribed by the Central Government.
Explanation.—For the purposes of this section, the term “contractor” shall include sub-contractors
and all such persons who are responsible for any stage in the design, construction and maintenance of a
stretch of road.]
199. Offences by companies.—
(1) Where an offence under this Act has been committed by a
company, every person who at the time the offence was committed, was in charge of, and was responsible
to, the company, for the conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section
(1), where an offence under this Act has been
committed by a company, and it is proved that the offence was committed with the consent or connivance
of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
1
[199A. Offences by juveniles.—
(1) Where an offence under this Act has been committed by a
juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of
the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render such guardian or owner liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
Explanation.—For the purposes of this section, the Court shall presume that the use of the motor
vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor
vehicle, as the case may be.
(2) In addition to the penalty under sub-section
(1), such guardian or owner shall be punishable with
imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees.
(3) The provisions of sub-section
(1) and sub-section
(2) shall not apply to such guardian or owner if
the juvenile committing the offence had been granted a learner's licence under section 8 or a driving
licence and was operating a motor vehicle which such juvenile was licensed to operate.
(4) Where an offence under this Act has been committed by a juvenile, the registration of the motor
vehicle used in the commission of the offence shall be cancelled for a period of twelve months.
1. Ins. by Act 32 of 2019, s. 85 (w.e.f. 1-9-2019).
106
(5) Where an offence under this Act has been committed by a juvenile, then, notwithstanding
section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or
a learner's licence under section 8 until such juvenile has attained the age of twenty-five years.
(6) Where an offence under this Act has been committed by a juvenile, then such juvenile shall be
punishable with such fines as provided in the Act while any custodial sentence may be modified as per
the provisions of the Juvenile Justice Act, 2000 (56 of 2000).
199B. Revision of fines.—The fines as provided in this Act shall be increased by such amount not
exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year
from the date of commencement of the Motor Vehicles (Amendment) Act, 2019 (32 of 2018), as may be
notified by the Central Government.]
200. Composition of certain offences.—
(1) Any offence whether committed before or after the
commencement of this Act 1[punishable under section 177, section 178, section 179, section 180, section
181, section 182, sub-section
(1) or sub-section
(3) or sub-section
(4) of section 182A, section 182B,
sub-section
(1) or sub-section
(2) of section 183, section 184 only to the extent of use of handheld
communication devices, section 186, section 189, sub-section
(2) of section 190, section 192, section
192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F,
section 196, section 198,] may either before or after the institution of the prosecution, be compounded by
such officers or authorities and for such amount as the State Government may, by notification in the
Official Gazette, specify in this behalf:
2
[
Provided that the State Government may, in addition to such amount, require the offender to
undertake a period of community service.]
(2) Where an offence has been compounded under sub-section
(1), the offender, if in custody, shall be
discharged and no further proceedings shall be taken against him in respect of such offence:
2
[
Provided that notwithstanding compounding under this section, such offence shall be deemed to be
a previous commission of the same offence for the purpose of determining whether a subsequent offence
has been committed:
Provided further that compounding of an offence will not discharge the offender from proceedings
under sub-section
(4) of section 206 or the obligation to complete a driver refresher training course, or the
obligation to complete community service, if applicable.]
201. Penalty for causing obstruction to free flow of traffic.—
(1) Whoever keeps a 3*** vehicle on
any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for
penalty up to 4[five hundred rupees], so long as it remains in that position:
Provided that the vehicle involved in accidents shall be liable for penalty only from the time of
completion of inspection formalities under the law.
5
[Provided further that where the vehicle is removed by 6[an agency authorised by the Central
Government or State Government, removal charges] shall be recovered from the vehicle owner or person
in-charge of such vehicle.]
7
[
(2) Penalties or 8[removal charges] under this section shall be recovered by such officer or authority
as the State Government may, by notification in the Official Gazette, authorise.]
9
[
(3) sub-section
(1) shall not apply where the motor vehicle has suffered an unforeseen breakdown
and is in the process of being removed.]
5
[Explanation.—For the purposes of this section, “removal charges” includes any costs involved in
the removal of the motor vehicle from one location to another and also includes any costs related to
storage of such motor vehicle.]
1. Subs. by Act 32 of 2019, s. 86, for certain words, figures and brackets (w.e.f. 1-9-2019).
2. Ins. by s. 86, ibid. (w.e.f. 1-9-2019).
3. The word “disabled” omitted by s. 87, ibid. (w.e.f. 1-9-2019).
4. Subs. by s. 87, ibid., for “fifty rupees per hour” (w.e.f. 1-9-2019).
5. Ins. by Act 54 of 1994, s. 59 (w.e.f. 14-11-1994).
6. Subs. by Act 32 of 2019, s. 87, for “a Government agency, towing charges” (w.e.f. 1-9-2019).
7. Subs. by Act 54 of 1994, s. 59, for sub-section
(2) (w.e.f. 14-11-1994).
8. Subs. by Act 32 of 2019, s. 87, for “towing charges” (w.e.f. 1-9-2019).
9. Ins. by s. 87, ibid. (w.e.f. 1-9-2019).
107
202. Power to arrest without warrant.—
(1) A police officer in uniform may arrest without warrant
any person who in his presence commits an offence punishable under section 184 or section 185 or
section 197:
Provided that any person so arrested in connection with an offence punishable under section 185
shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and
204 by a registered medical practitioner failing which he shall be released from custody.
1
[
(2) A police officer in uniform may arrest without warrant any person, who has committed an
offence under this Act, if such person refuses to give his name and address.]
(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances
so require take or cause to be taken any steps he may consider proper for the temporary disposal of the
vehicle.
203. Breath tests.—2[
(1) A police officer in uniform or an officer of the Motor Vehicles Department,
as may be authorised in this behalf by that Department, may require any person driving or attempting to
drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or
nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an
offence under section 185:
Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably
practicable after the commission of such offence.]
(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has
any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the
accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in
section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath
for a breath test:—
(a) in the case of a person who is at a hospital as an indoor patient, at the hospital,
(b) in the case of any other person, either at or near the place where the requirement is made, or,
if the police officer thinks fit, at a police station specified by the police officer:
Provided that a person shall not be required to provide such a specimen while at a hospital as an
indoor patient if the registered medical practitioner in immediate charge of his case is not first
notified of the proposal to make the requirement or objects to the provision of a specimen on the
ground that its provision or the requirement to provide it would be prejudicial to the proper care or
treatment of the patient.
(3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on
any person under sub-section
(1) or sub-section
(2), that the device by means of which the test has been
carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that
person without warrant except while that person is at a hospital as an indoor patient.
(4) If a person, required by a police officer under sub-section
(1) or sub-section
(2) to provide a
specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to
suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while
he is at a hospital as an indoor patient.
(5) A person arrested under this section shall while at a police station, be given an opportunityto
provide a specimen of breath for a breath test there.
(6) The results of a breath test made in pursuance of the provisions of this section shall be admissible
in evidence.
Explanation.—For the purposes of this section, “breath test”, means a test for the purpose of
obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more
1. Subs. by Act 54 of 1994, s. 60, for sub-section
(2) (w.e.f. 14-11-1994).
2. Subs. by s. 61, ibid., for sub-section
(1) (w.e.f. 14-11-1994).
108
specimens of breath provided by that person, by means of a device of a type approved by the Central
Government, by notification in the Official Gazette, for the purpose of such a test.
204. Laboratory test.—
(1) A person, who has been arrested under section 203 may, while at a police
station, be required by a police officer to provide to such registered medical practitioner as may be
produced by such police officer, a specimen of his blood for a Laboratory test,—
(a) it appears to the police officer that the device, by means of which breath test was taken in
relation to such person, indicates the presence of alcohol in the blood of such person, or
(b) such person, when given the opportunity to submit to a breath test, has refused, omitted or
failed to do so:
Provided that where the person required to provide such specimen is a female and the registered
medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be
taken only in the presence of a female, whether a medical practitioner or not.
(2) A person while at a hospital as an indoor patient may be required by a police officer to provide at
the hospital a specimen of his blood for a laboratory test:—
(a) if it appears to the police officer that the device by means of which test is carried out in
relation to the breath of such person indicates the presence of alcohol in the blood of such person, or
(b) if the person having been required, whether at the hospital or elsewhere, to provide a
specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has
reasonable cause to suspect him of having alcohol in his blood:
Provided that a person shall not be required to provide a specimen of his blood for a laboratory test
under this sub-section if the registered medical practitioner in immediate charge of his case is not first
notified of the proposal to make the requirement or objects to the provision of such specimen on the
ground that its provision or the requirement to provide it would be prejudicial to the proper care or
treatment of the patient.
(3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence.
Explanation.—For the purposes of this section, “laboratory test” means the analysis of a specimen of
blood made at a laboratory established, maintained or recognised by the Central Government or a State
Government.
205. Presumption of unfitness to drive.—In any proceeding for an offence punishable under section
185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused,
omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a
specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause
therefor is shown, be
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