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| THE MOTOR VEHICLES ACT, 1939 |
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Title : THE MOTOR VEHICLES ACT, 1939
Year : 1939
Act : CHAPTER IX
OFFENCES, PENALTIES AND PROCEDURE
112.
General provision for punishment of offences.
112.General provision for punishment of offences. Whoever
contravenes any provision of this Act or of any rule made thereunder
shall, if no other penalty is provided for the offence, be punishable
with fine which may extend to 5[one hundred rupees] or, if HAVING been
previously convicted of any offence under this Act he is again
convicted of an offence under this Act, with fine which may extend to.
6[three hundred rupees],
7["112A. (1) Whoever travels in a stage carriage without HAVING a
proper pass or ticket with him or being in or HAVING alighted FROM a
stage carriage fails or refuses to present for examination or to
deliver up his pass or ticket immediately on requisition being made
therefor, he shall be punishable with fine which may extend to five
hundred rupees.
Explanation.-In this section, "pass" and "ticket" have the mean-
ings respectively assigned to them in section 82A.
(2) If the conductor of a stage carriage, or the driver of a
stage carriage where such driver discharges the functions of a
conductor in such stage carriage, whose duty is-
(a) to supply a ticket to a person travelling in a stage carriage on
payment of fare by such person, either wilfully or negligently,-
(i) fails or refuses to accept the fare when tendered, or
(ii) falls or refuses to supply a ticket, or
(iii) supplies an invalid ticket, or
(iv) supplies a ticket of lesser value, or
(b) to CHECK any pass or ticket, either wilfully or
negligently fails or refuses to do so,
he shall be punishable with fine which may extend to five hundred
rupees.
(3) The offence under this section may be compounded if the
person referred to in sub-section (1) or the conductor or the driver
referred to in sub-section (2), pays, on the spot on demand by such
authority as the State Government may, by notification in the Official
Gazette, specify,-
(a) ten times the actual fare payable by such person or
realisable by such conductor or driver; or
(b) rupees five hundred, whichever is less.
(4) Where a person has paid the amount under sub-section (3),
no action shall be taken against him under section 112."]
----------------------------------------------------------------------
1 Subs. by Act 3 of 1961, s. 3 and Sch., for "the States".
2 ins. by Act 100 of 1956, s. 81 (w.e.f. 16-2-1957).
3 Ins. by s. 82, ibid. (w.e.f. 16-2-1957).
4 Ins. by Act 56 of 1969, s. 64 (w.e.f. 2-3-1970).
5 Subs. by Act 100 of 1956, s. 83, for "twenty rupees" (w.e.f.
16-2-1957).
6 Subs. by s. 83, ibid., for " one hundred rupees " (w.e.f. 16-2-
1957).
7 Ins. by Act 47 of 1978, S. 34 (w.e.f. 16.1.1979).
----------------------------------------------------------------------
126A
1[113.Disobedience of orders, obstruction and refusal of
information. (1) Whoever wilfully disobeys any direction lawfully
given by any person or authority empowered under this Act to give such
direction, or obstructs any person or authority in the discharge of
any functions which such person or authority is required or empowered
under this Act to discharge, shall, if no other penalty is provided
for the, offence, be punishable with fine which may extend to five
hundred rupees.
(2)Whoever, being required by or under this Act to supply any
information, wilfully withholds such information or gives information
which he knows to be false or which he does not believe to be true,
shall, if no other penalty is provided for the offence, be punishable
with imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both.]
2[113A.Allowing unauthorised persons to drive vehicles. Whoever,
being the owner or person charge of a motor vehicle, causes, or
permits, any person who does not satisfy the provisions of section 3. or section 4, to drive the vehicle shall be punishable with
imprisonment for a term which may extend to three months, or with fine
which may extend to 7[one thousand rupees or with both.]
8["113B.Driving vehicles in contravention of section 3 or section
4. Whoever drives a motor vehicle in contravention of section 3 or
section 4 shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred
rupees, or with both."]
114.
Offences relating to licences.
114.Offences relating to licences. 3[(1)] Whoever, being
disqualified under this Act for holding or obtaining a 4[driving
licence], drives a motor vehicle in a public place or applies for or
obtains a 4[driving licence] or, not being entitled to have a
4[driving licence] issued to him free of endorsement, applies for or
obtains a 4[driving licence] without disclosing the endorsements made
on a 4 [driving licence] previously held by him or, being disqualified
under this Act for holding or obtaining a 4(driving licence], uses in
5[India] a 4 [driving licence] such as is referred to in sub-section
(2) of section 9, shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to
6"(five hundred rupees], or with both, and any4 [driving licence] so
obtained by him shall be of no effect.
----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s. 84, for the original section
(w.e.f. 16-2-1957).
2 Ins. by Act 56 of 1969, s. 65 (w.e.f. 2-3-1970).
3 S. 114 renumbered as sub-section (1) thereof by Act 100 of
1956, s. 85 (w.e.f. 16-2-1957).
4 Subs. by s. 85, ibid., for "licence" (w.e.f. 16-2-1957).
5 Subs. by Act 3of 1951, s. 3 and Sch. for "the States".
6 Subs. by Act 100 of 1956, S. 85, for "two hundred and fifty
rupees" (w.e.f. 16-2-1957).
7 Subs. by Act 47 of 1982, S. 20 (w.e.f. 1.10. 1982).
8 Ins. by S. 21, ibid. (w.e.f 1.10.1982).
-----------------------------------------------------------------------
126B
1[(2) Whoever, being disqualified under this Act, for holding or
obtaining a conductors licence, acts as a conductor of a stage
carriage in a public place or applies for or obtains a conductors
licence or, not being entitled to have a conductors licence issued to
him free of endorsement, applies for or obtains a conductors licence
without disclosing the endorsements made on a conductors licence
previously held by him shall be punishable with imprisonment for a
term which may extend to one month, or with fine which may extend to
one hundred rupees, or with both, and any conductors licence so
obtained by him shall be of no effect.]
115.
Driving at excessive speed.
115.Driving at excessive speed.(1) Whoever drives a motor vehicle
in contravention of section 71 shall be punishable with fine which may
extend to 5[four hundred rupees], or, if HAVING been previously
convicted of an offence under this sub-section is again convicted of
an offence under this sub-section, with fine which may extend to 5[one
thousand rupees]
(2) Whoever causes any person who is employed by him or is
subject to his control in driving to drive a motor vehicle in contra-
vention of section 71 shall be punishable with fine which may extend
to 3[three hundred rupees, or, if HAVING been previously convicted of
an offence under this sub-section is again convicted of an offence
under this sub-section, with fine which may extend to five hundred
rupees].
(3) No person shall be Convicted of an offence punishable under
sub-section (1) solely on the evidence of one witness to, the effect
that in the opinion of the witness such person was driving at a speed
which was unlawful, unless that opinion is shown to be based on an
estimate obtained by the use of some mechanical 4* * * device.
-----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 85 (w.e.f. 1.8.1957)
2 Subs. by Act 56 of 1969, s, 66, for "one hundred rupees"
(w.e.f. 2-3-1970).
3 Subs. by s. 66, ibid., for "two hundred rupees" (w.e.f. 2-3-
1970).
4 The word " timing " omitted by Act 100 of 1956, s. 86 (w.e.f.
16-2-1957).
5 Subs. by Act 47 of 1982, S. 22 (w.e.f. 1.10.1982).
-----------------------------------------------------------------------
127.
(4) The publication of a time TABLE under which, or the giving
of any direction that, any journey or part of a journey is to be com-
pleted within a specified time shall, if in the opinion of the Court
it is not practicable in the circumstances of the case for that
journey or part of a journey to be completed in the specified time
without infringing the provisions of section 71, be prima-facie
evidence that the person who published the time TABLE or gave the
direction has committed an offence punishable under sub-section (2).
116.
Driving recklessly or dangerously.
116.Driving recklessly or dangerously. Whoever drives a motor
vehicle at a speed or in a manner which is dangerous to the public,
HAVING regard to all the circumstances of the case including the
nature, condition and use of the place where the vehicle is driven and
the amount of traffic which actually is at the time or which might
reasonably be expected to be in the place, shall be punishable on a
first conviction for the offence with imprisonment for a term which
may extend to six months, or, with fine which may extend to 3[two
thousand rupees] and for a subsequent offence if committed within
three years of the commission of a previous similar offence with
imprisonment for a term which may extend to two years, or with fine
which may extend to 3[two thousand rupees] or with both.
117.
Driving by a drunken person or by a person under the influence ofdrugs.
2[117.Driving by a drunken person or by a person under the
influence of drugs. Whoever, while driving, or attempting to drive, a
motor vehicle or riding or attempting to ride, a motor cycle,-
(a) has, in his blood, alcohol in any quantity, howsoever
small the quantity may be, or
(b)is under the influence of a drug to such an extent as to
be incapable of exercising proper control over the
vehicle,,
shall be punishable for the first offence with imprisonment for a term
which may extend to six months, or with fine which may extend to two
thousand rupees, or with both; and for a second or subsequent offence,
if committed within three years of the commission of the previous
similar offence, with imprisonment for a term which may extend to two
years, or with fine which may extend to three thousand rupees, or with
both.
Explanation.-For the purposes of this section, the drug or drugs
specified by the Central Government in this behalf, by notification in
the Official Gazette, shall be deemed to render a person incapable of
exercising proper control over a motor vehicle.]
118.
Driving when mentally or physically unfit to drive.
118.Driving when mentally or physically unfit to drive. Whoever
drives a motor vehicle in any public place when he is to his knowledge
suffering FROM any disease or disability calculated to cause his
driving, of the vehicle to be a source of danger to the public, shall
be punishable for a first offence with fine which may extend to two
hundred rupees and for a second or subsequent offence with fine which
may, extend to five hundred rupees.
1[118A.Punishment for offences relating to accident. Whoever
fails to comply with the Provisions of clause (c) of sub-section (1)
of section 87 or of section 88 or section 89 shall be
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 87 (w.e.f. 16-2-1957).
2 Subs. by Act 27 of 1977, S. 9 (w.e.f 1-3-1978).
3 Subs. by Act 47 of 1982, S. 23 (w.e.f. 1.10.1982).
----------------------------------------------------------------------
128.
punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with
both or, if HAVING been previously convicted of an offence under this
section, he is again convicted of an offence under this section, with
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.]
119.
Punishment for abetment of certain offences.
119.Punishment for abetment of certain offences. Whoever abets
the commission of an offence under section 116, 117 or 118, shall be
punishable with the punishment provided for the offence.
120.
Racing and trials of speed.
120.Racing and trials of speed. Whoever without the written
consent of the State Government permits or takes part in a race or
trial of speed between motor vehicles in any public place shall be
punishable with imprisonment for a term which may extend to one month,
or with fine which may extend to 3[five hundred rupees] or with both.
121. Using vehicle in unsafe condition.
121.Using vehicle in unsafe condition. Any person who drives or
causes or allows to be driven in any public place a motor vehicle or
trailer while the vehicle or trailer has any defect, which such person
knows of or could have discovered by the exercise of ordinary care and
which is calculated to render the driving of the vehicle a source of
danger to persons and vehicles using such place, shall be punishable
with fine which may extend to two hundred and fifty rupees or, if as a
result of such defect an accident is caused causing bodily injury or
damage to property, [with imprisonment for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or
with both].
122.
Sale of vehicle in or alteration of vehicle to condition contraveningthis Act.
122.Sale of vehicle in or alteration of vehicle to condition
contravening this Act. Whoever, being an importer of or dealer in
motor vehicles, sells or delivers or offers to sell or deliver a motor
vehicle or trailer in such condition that the use thereof in a public
place would be in contravention of Chapter V or any rule made
thereunder or alters the motor vehicle or trailer so as to render its
condition such that its use in a public place would be in
contravention of Chapter V or any rule made thereunder shall
punishable with fine which may extend to 2[five hundred rupees]:
Provided that no person shall be convicted under this section if
he proves that he had reasonable cause to believe that the vehicle
would not be used in a public place until it had been put INTO a
condition in which it might lawfully be so used.
-----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, S. 88, for "with fine which may
extend to five hundred rupees" (w.e.f. 16-2-1957).
2 Subs by s. 89, ibid., for "two hundred rupees" (w.e.f. 16-2-
1957).
3 Subs. by Act 47 of 1982, S. 24 (w.e.f. 1.10.1982).
-----------------------------------------------------------------------
129.
123.
Using vehicle without registration or permit.
1[123.Using vehicle without registration or permit. (1) Whoever
drives a motor vehicle or causes or allows a motor vehicle to be used
in contravention of the provisions of section 22 or without the permit
required by sub-section (1) of section 42 or in contravention of any
condition of such permit relating to the route on which or the area in
which or the purpose for which the vehicle may be used 2[or to the
maximum number of passengers and maximum weight of luggage that may be
carried on the vehicle], shall,, be punishable for a first offence
with fine which may extend to 4[two thousand rupees] and for 3[any
second or subsequent offence] with imprisonment which may extend to
six months or with fine which may extend to 4[three thousand rupees]
or with both.
Provided that no Court shall, except for reasons to be stated in
writing, impose a fine of less than five hundred rupees for any such
2[second or] subsequent offence.
(2)Nothing in this section shall apply to the use of a motor
vehicle in an emergency for the conveyance of persons suffering from
sickness or injury or for the transport of materials for REPAIR or of
food or materials to relieve distress or of medical supplies for a
like purpose:
Provided that the person using the vehicle reports such use to
the Regional Transport Authority within seven days.
(3)Where a person is convicted of an offence under this section,
the Court by which such person is convicted may, in addition to any
sentence which may be passed under sub-section (1), by order-
(a) if the vehicle used in the commission of the offence is
a motor car, suspend its certificate of registration for a
period not exceeding four months;
(b) if the vehicle used in the commission of the offence is
a transport vehicle, suspend its permit for a period not
exceeding six months or cancel it.
(4) The Court to which an appeal lies FROM any conviction in
respect of an offence of ;he nature specified in sub-section (1) may
set aside or vary any ORDER of suspension or cancellation made under
sub-section (3) by the Court below and the Court, to which appeals
ordinarily lie FROM the Court below, may set aside or vary any such
ORDER of suspension or cancellation made by the Court below, not-
----------------------------------------------------------------------
1 Subs. by Act 100 of 1956, s. 90, for the former section (w.e.f.
16-2-1957).
2 Ins. by Act 56 of 1969. s. 67 (w.e.f. 2-3-1970).
3 Subs. by s. 67, ibid., for certain words (w.e.f. 2-3-1970).
4 Subs. by Act 47 of 1982, S. 25 (w.e.f. 1.10.1982).
-----------------------------------------------------------------------
130
withstanding that no appeal lies against the conviction in connection
with which such ORDER was made.]
1[123A. Punishment of agents and canvassers without proper
authority. Whoever engages himself as an agent or canvasser in
contravention of the provisions of section 66A or any rules made
thereunder shall. be punishable for the first offence with fine which
may extend to one thousand rupees and for any second or subsequent
offence with imprisonment which may extend to six months, or with fine
which may extend to two thousand rupees, or with both:
Provided that no court shall, except for reasons to be recorded
by it in writing, impose a fine of less than five hundred rupees for
any such second or subsequent offence.]
124.
Driving vehicle exceeding permissible weight.
124.Driving vehicle exceeding permissible weight.Whoever drives a
motor vehicle or causes or allows a motor vehicle to be driven in
contravention of the provisions of 2[section 72 or of the conditions
prescribed under that section, or in contravention of any prohibition
or restriction imposed under section 72 or section 74, shall be
punishable] for a first offence with fine which may extend to 3[two
hundred rupees], and for a second or subsequent offence with fine
which may extend to, 4[one thousand rupees].
6[124A.Imposition of minimum fine under certain circumstances.
(1) Whoever HAVING been convicted of an offence under this Act commits
an offence on a second or subsequent occasion within three years of
the commission of a previous similar offence, no court shall, except
for reasons to be stated in writing, impose on him a fine of less than
one-fourth of the maximum amount of the fine impassable for such
offence.
(2) Nothing in sub-section (1) shall be construed as restricting
the power of the court FROM awarding such imprisonment as it considers
necessary in the circumstances of the case not exceeding the maximum
specified in this Act in respect of that offence.]
125.
Driving uninsured vehicle.
125.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 94 shall be punishable with imprisonment wh-
ich may extend to three months or with fine which may extend to 5[one
thousand rupees], or with both.
126.
Taking vehicle without authority.
126.Taking vehicle without authority. 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 which may
extend to five hundred rupees, or with both:
Provided that no accused person shall be convicted under this
section if the Court is satisfied that the accused acted in the
reasonable belief that he had lawful authority or in the reasonable
belief
-----------------------------------------------------------------------
1 Ins. by Act 56 of 1969, s. 68 (w.e.f. 2-3-1970).
2 Subs. by s. 69, ibid., for certain words (w.e.f. 2-3-1970).
3 Subs. by Act 100 of 1956, s. 9 1, for "one hundred rupees"
(w.e.f. 16-2-1957).
4 Subs. by s. 91, ibid.. for "five hundred rupees" (w.e.f. 16-2-
1957).
5 Subs. by s. 92, ibid., for "five hundred rupees" (w.e.f. 16-2-
1957).
6 Ins. by Act 47 of 1978, S. 35 (w.e.f. 16.1.1979).
----------------------------------------------------------------------
130A
that the owner would in the circumstances of the case have given his
consent if he had been asked therefor.
127.
Unauthorised interference with vehicle.
127.Unauthorised interference with vehicle. Whoever otherwise
than with lawful authority or reasonable excuse 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 with fine which may
extend to one hundred rupees.
1[127A.Offences by companies. (1) If the person contravening any
provision of this Act is 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 lo 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.
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, S. 93 (w.e.f. 16-2-1957).
----------------------------------------------------------------------
131.
(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.]
2[127B.Composition of certain offences. (1) Any offence [whether
committed before or after the commencement of section 26 of the Motor
Vehicles (Amendment) Act, 1982] punishable under section 112, section
113, section 113A, section 113B, section 114, sub-section (1) and (2)
of section 115, section 116, section 118, section 120, section 122,
section 123, section 124, section 125 or section 127 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) 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."]
128.
Power of arrest without warrant.
128.Power of arrest without warrant.(1) A police officer in
uniform may arrest without warrant any person who commits in his view
an offence punishable under section 116 or section 117 or section 126:
Provided that any person so arrested in connection with an
offence punishable under section 117 shall be subjected to a medical
examination by a registered medical practitioner within two hours of
his arrest or shall then be released FROM custody.
(2) A police officer in uniform may arrest without warrant-
(a) any person who being required under the provisions of
this Act to give his name and address refuses to do so, or
gives a name or address which the police officer has reason
to believe to be false, or
(b) any person concerned in an offence under this Act or
reasonably suspected to have been so concerned if the police
officer has reason to believe that he will abscond or
otherwise void the service of a summons.
(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.
1[128A.Breath tests. (1) A police officer in uniform 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 the police officer has any reasonable cause-
(a) to suspect him of HAVING alcohol in any quantity in his
body, or
(b) to suspect him of HAVING committed an offence punish-
able under section 117:
Provided that no 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 or attempting to drive the
motor vehicle at the time of the accident, had alcohol in his blood or
urine or that he was driving under the influence of a drug referred to
in section 117, he may require the person so driving or attempting to
drive 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 persons
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 or urine, 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 opportunity to provide a specimen of breath
for a breath test there.
(6) The results of a breath test made in pursuance of the pro-
visions 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 pres-
ence of alcohol in a persons blood carried out, on one or more
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.
128B.Laboratory test. (1) A person, who has been arrested under
section 128A, 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 or urine for
a laboratory test if,-
(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 or urine 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 that 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 speci-
men of his blood or urine 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 ob-
jects to the provision of such specimen on the ground that its provi-
sion 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
first" means the analysis of a specimen of blood or of urine made a
laboratory established, maintained or recognised by the Central
Government or a State Government.
128C.Presumption of unfitness to drive. In any proceeding for an
offence punishable under section 117, 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 omission or failure
may, unless reasonable cause therefor is shown, be presumed to be a
circumstance supporting any evidence given on behalf of the defence,
with respect to his condition at that time. "]
129.
Power of police officer to impound document.
129.Power of police officer to impound document. (1) Any police
officer authorised in this behalf or other person authorised in this
behalf by the State Government may, if he has reason to believe that
any identification mark carried on a motor vehicle or any licence,
permit, certificate of registration, certificate of insurance or other
document produced-to him by the driver or person in charge of a motor
vehicle is a false document within the meaning
----------------------------------------------------------------------
1 Ins. by Act 27 of 1977, S. 10 (w.e.f. 1-1-1978).
2 Ins. by Act 47 of 1982, S. 26 (w.e.f. 1.10.1982).
----------------------------------------------------------------------
132.
of section 464 of the Indian Penal Code, ( 45 of 1860.) seize the mark
or document and call upon the driver or owner of the vehicle to
account for his possession of or the presence in the vehicle of such
mark or document.
(2) Any police officer authorised in this behalf 1[or other
person authorised in this behalf] by the State Government may, if he
has reason to believe that the driver of a motor vehicle who is
charged with any offence under this Act may abscond or otherwise avoid
the service of a summons, seize any licence held by such driver and
forward it to, the Court taking cognizance of the offence 1 [and the
said Court shall, on the first appearance of such driver before it,
return the licence to him in exchange for the temporary acknowledgment
given under sub-section (3)].
(3) 3[A police officer or other person] seizing a licence under
subsection (2) shall give to the person surrendering the licence a
temporary acknowledgment therefor and such acknowledgment shall.
authorise the holder to drive until the licence has been returned to
him 3[or until such date as may be specified by the police officer or
other person in the acknowledgment, whichever is earlier:
Provided that if any Magistrate, police officer or other person
authorised by the State Government in this behalf is, on an appli-
cation made to him, satisfied that the licence cannot be, or has not
been, returned to the holder thereof before the date specified in the
acknowledgment for any reason for which the holder is not responsible,
the Magistrate, police officer or other person, as the case may be,
may extend the period of authorisation to drive to such date as may be
specified in the acknowledgment.]
4 [129A. Power to detain vehicles used without certificate of
registration or permit. Any police officer authorized in this behalf
or other person authorized in this behalf by the State Government may,
if he has reason to believe that a motor vehicle has been or is being
used in contravention of the provisions of 5[section 22] or without
the permit required by sub-section (1) of section 42 or in
contravention of any condition of such permit relating to the route
on which or the area in which or the purpose for which the vehicle may
be used, seize and detain the vehicle, and for this purpose take or
cause to
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 94 (w.e.f. 16-2-1957).
2 Subs. by s. 94, ibid.. for "A police officer" (w.e.f. 16-2-
1957).
3 Subs. by s. 94, ibid., for "or the Court has otherwise order
(w.e.f. 16-2-1957).
4 Ins. by Act 20 of 1942, s. 20.
5 Subs. by Act 100 of 1956, s. 95, for "sub-section (1) of
section 22" (w.e.f. 16-2-1957).
-----------------------------------------------------------------------
133.
be taken any steps he may consider proper for the temporary safe
custody of the vehicle:]
1[Provided that where any such officer or person has reason to
believe that a motor vehicle has been or is being used without the
permit required by sub-section (1) of section 42, he may, instead of
seizing the vehicle, seize the certificate of registration of the
vehicle and shall issue an acknowledgment in respect thereof.]
3[Provided further that where a motor vehicle has been seized and
detained under this section for contravention of the provisions of
section 22, such vehicle shall not be released to the owner unless and
until he produces a valid certificate of registration under this Act
in respect of that vehicle.]
130.
Summary disposal of cases.
130.Summary disposal of cases.2[(1) The Court taking cognizance
of an offence under this Act,-
(i)may, if the offence is an offence punishable with
imprisonment under this Act, and
(ii) shall, in, any other case, state upon the summons to be
served on the accused person that he-
(a) may appear by pleader and not in person, or
(b) may, by a specified date prior to the hearing of the
charge plead guilty to the charge by registered letter and
remit to the Court such sum (not exceeding the maximum fine
that may be imposed for the offence) as the Court may specify
:
Provided that nothing in this sub-section shall apply to any
offence specified in Part A of the Fifth Schedule.]
(2) Where the offence dealt with in accordance with sub-section
(1)is an offence specified in Part B of the Fifth Schedule, the
accused person shall, if he pleads guilty to the charge, forward his
licence to the Court with the letter containing his plea in ORDER that
the conviction may be endorsed on the licence.
(3) Where an accused person pleads guilty and remits the sum
specified and has complied with the provisions of sub-section (2), no
further proceedings in respect of the offence shall be taken against,
him, nor shall he be liable to be disqualified for holding or
obtaining a licence by reason of his HAVING pleaded guilty.
131. Restriction on conviction.
131.Restriction on conviction. No person prosecuted for an
offence punishable under section 115 or section 116 shall be convicted
unless-
(a)he was warned at the time the offence was committed that
the question of prosecuting him would be taken into
consideration. or
----------------------------------------------------------------------
1 Ins. by Act 56 of 1969 s. 70 (w.e.f. 2-3-1970).
2 Subs. by s. 71, ibid., for sub-section (1) (w.e.f. 2-3-
1970).
3 Ins. by Act 47 of 1978, S. 36 (w.e.f. 16.1.1979).
-----------------------------------------------------------------------
134.
(b)within fourteen days FROM the commission of the offence,a
notice specifying the nature of the offence and the time and
place where it is alleged to have been committed was served
on or sent by registered post to him or the person registered
as the owner of the vehicle at the time of the commission of
the offence, or
(c)within twenty-eight days of the commission of the offence,
a summons for the offence was served on him :
Provided that nothing in this section shall apply where the Court
is satisfied that-
(a)the failure to serve the notice or summons referred to in
this sub-section was due to the fact that neither the name
and address of the accused nor the name and address of the
registered owner of the vehicle could with reasonable
diligence have been ascertained in time, or
(b)such failure was brought about by the conduct of the
accused.
1[131A. Courts to send intimations about conviction. Every
Court by which any person holding a driving licence is convicted of an
offence under this Act or of an offence in the commission of which a
motor vehicle was used, shall send intimation to-
(a)the licensing authority which issued the driving licence,
and
(b)the licensing authority by whom the licence was last
renewed,
and every such intimation shall state the name and address of the
holder of the licence, the licence number, the date of issue and
renewal of the same, the nature of the offence, the punishment awarded
for the same and such other particulars as may be prescribed.]
132.
Jurisdiction of Courts.
132. Jurisdiction of Courts. No Court inferior to that of a
2[Metropolitan Magistrate] or a Magistrate of the second class shall
try any offence punishable under this Act or any rule made
thereunder.
-----------------------------------------------------------------------
1 Act by 56 of 1969, S. 72 (w.e.f. 2-3-1970),
Subs. by Act 47 of 1978, S. 37 (w.e.f. 16.1. 1979).
-----------------------------------------------------------------------
135.
CHAP
MISCELLANEOUS
Last updated on February, 2008
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