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THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



Whoever contravenes any provision of this Act or of any rule made there under shall, if no other penalty is provided for the offence, be punishable with fine which may extend to 1*[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. 2*[three hundred rupees],
 
112A. 3*

(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 meanings 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 willfully 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 willfully 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."]

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1. Subs. by Act 3'of 1951, s. 3 and Sch. for "the States".

2. Subs. by Act 100 of 1956, S. 85, for "two hundred and fifty rupees" (w.e.f. 16-2-1957).

3. Subs. by Act 47 of 1982, S. 20 (w.e.f. 1.10. 1982).

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(1) Whoever willfully 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, willfully 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.]

113A. 2*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 3*[one thousand rupees or with both.]

113B.4**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."]

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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. Subs. by Act 47 of 1982, S. 20 (w.e.f. 1.10. 1982).

4. Ins. by S. 21, ibid. (w.e.f 1.10.1982).

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1*[(1)] Whoever, being disqualified under this Act for holding or obtaining a 2*[driving licence], drives a motor vehicle in a public place or applies for or obtains a 2*[driving licence] or, not being entitled to have a 2*[driving licence] issued to him free of endorsement, applies for or obtains a 2*[driving licence] without disclosing the endorsements made on a 2*[driving licence] previously held by him or, being disqualified under this Act for holding or obtaining a 2*[driving licence], uses in 3*[India] a 2* [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 4*[five hundred rupees], or with both, and any2*[driving licence] so obtained by him shall be of no effect.
 
5*[(2) Whoever, being disqualified under this Act, for holding or obtaining a conductor's licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor's licence or, not being entitled to have a conductor's licence issued to him free of endorsement, applies for or obtains a conductor's 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 conductor's licence so obtained by him shall be of no effect.]

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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. Ins. by Act 100 of 1956, s. 85 (w.e.f. 1.8.1957)

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(1) Whoever drives a motor vehicle in contravention of section 71 shall be punishable with fine which may extend to 3*[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 3*[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 1*[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 2* * * device.

(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 completed 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).

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1. Subs. by s. 66, ibid., for "two hundred rupees" (w.e.f. 2-3- 1970).

2. The word " timing " omitted by Act 100 of 1956, s. 86 (w.e.f. 16-2-1957).

3. Subs. by Act 47 of 1982, S. 22 (w.e.f. 1.10.1982).

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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 2*[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 2*[two thousand rupees] or with both.

117. 1*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.]

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1. Subs. by Act 27 of 1977, S. 9 (w.e.f 1-3-1978).

2. Subs. by Act 47 of 1982, S. 23 (w.e.f. 1.10.1982).

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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.

118A 1*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  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.

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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).

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Whoever abets the commission of an offence under section 116, 117 or 118, shall be punishable with the punishment provided for the offence.



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 1*[five hundred rupees] or with both.

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1. Subs. by Act 47 of 1982, S. 24 (w.e.f. 1.10.1982).

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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].



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 there under 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 there under shall punishable with fine which may extend to 1*[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.

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1. Subs by s. 89, ibid., for "two hundred rupees" (w.e.f. 16-2- 1957).

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(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-withstanding that no appeal lies against the conviction in connection with which such order was made.]

123A. 5*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.]

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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).

5. Ins. by Act 56 of 1969, s. 68 (w.e.f. 2-3-1970).

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Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of 1*[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 2*[two hundred rupees], and for a second or subsequent offence with fine which may extend to, 3*[one thousand rupees].

5*[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.]

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1. Subs. by s. 69, ibid., for certain words (w.e.f. 2-3-1970).

2. Subs. by Act 100 of 1956, s. 9 1, for "one hundred rupees" (w.e.f. 16-2-1957).

3. Subs. by s. 91, ibid.. for "five hundred rupees" (w.e.f. 16-2- 1957).

4. Ins. by Act 47 of 1978, S. 35 (w.e.f. 16.1.1979).

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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 which may extend to three months or with fine which may extend to 1*[one thousand rupees], or with both.

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1. Subs. by s. 92, ibid., for "five hundred rupees" (w.e.f. '16-2- 1957).

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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 that the owner would in the circumstances of the case have given his consent if he had been asked therefor.



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.

127A  1* 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.
 
(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.]

127B 2*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."]

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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).

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(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.

128A 1* 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 punishable 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 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 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 presence of alcohol in a person's 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 specimen 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 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 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. "]

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1. Subs. by s. 94, ibid.. for "A police officer" (w.e.f. 16-2- 1957).

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(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 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) 2*[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 2*[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.]

3*[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 4*[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 be taken any steps he may consider proper for the temporary safe custody of the vehicle:]

5*[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.]

6*[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.]

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1 Ins. by Act 100 of 1956, s. 94 (w.e.f. 16-2-1957).

2. Subs. by s. 94, ibid., for "or the Court has otherwise order (w.e.f. 16-2-1957).

3. Ins. by Act 20 of 1942, s. 20.

4. Subs. by Act 100 of 1956, s. 95, for "sub-section (1) of section 22" (w.e.f. 16-2-1957).

5. Ins. by Act 56 of 1969 s. 70 (w.e.f. 2-3-1970).

6. Ins. by Act 47 of 1978, S. 36 (w.e.f. 16.1.1979).

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1*[(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.

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1. Subs. by s. 71, ibid., for sub-section (1) (w.e.f. 2-3- 1970).

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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
 
(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.

131A.1 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.]
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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).

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Last updated on August, 2016

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