Offences & Penalties
Motor Vehicles Act, 1988
Offences and Penalties
Offences, Penalties, and procedures for different categories of violations related to of motor vehicles and their applications are described in Chapter XIII of the Motor Vehicles Act, 1988. The offences related to motor vehicles can be classified into two categories. First, for which the competent enforcement agency can collect the penalty from the violator prescribed for that offence in the Act. These are termed as Compoundable Offences. The second category describes Non-Compoundable Offences for which the challan is sent to the court for deciding the punishment against the violator.
There is another way of categorization of sections related to offences and penalties given in Motor Vehicles Act, 1988 which is based on the powers given to the States. For certain sections, power has been given to the state to determine the compounding fee.
In exercise of the powers conferred by the Motor Vehicles Act, 1988, the State Government have authorised following officers to compound the offences committed and punishable under sections of the said Act:
(1) Officers of the Transport Department not below the rank of Motor Vehicle Sub Inspector, for whole of the State;
(2) Officers of Traffic Police and Police not below the rank of Head Constable, for Jaipur and Jodhpur Commissionerate areas;
(3) Officers of Traffic Police and Police not below the rank of Assistant Sub-Inspector, for remaining part of state in their respective areas except Jaipur and Jodhpur Commissionerate areas; and
(4) Officers attached with Mobile Traffic units not below the rank of Head Constable, for whole of the State:
The officers of the Police and Traffic Police are not authorised to compound the offences committed and punishable under sub-section (1) of sections 182 A, sub-section (3) of section 182 A, sub-section (4) of section 182 A, section 182 B, section 192 A, sub-section (1) of section 194 (read with sections 113, 114), sub-section (1A) of section 194 and sub-section (2) of section 194.
Compoundable Offences
Compoundable Offences are offences for which the penalty amount is fixed and powers are given to the enforcing officer to collect the said penalty amount from the offender.
| S. No. | Section | Offence | Penalty |
|---|---|---|---|
| 1 | 177 | General provisions for punishment of offences | For first offence: (i) Rs. 100/- for Two Wheeler/ (ii) Rs. 200/- for other than above For subsequent offence- (i) Rs. 200/- for Two Wheeler/ e-Rickshaw/ Three Wheeler (ii) Rs. 400/- for other than above |
| 2 | 177 A | Penalty for contravention of regulations u/s 118 | Fine not less than Rs. 500/- and upto Rs. 1,000/- |
| 3 | 178 (1) | Travelling without pass or ticket in a stage carriage | Rs. 100/- |
| 4 | 178 (2) | Dereliction of duty on the part of Conductor of a stage carriage | Rs. 500/- |
| 5 | 178 (3)(A) | Refusal to ply or carry the passengers by the driver of a two wheeled or three-wheeled contract carriage | Rs. 50/- |
| 6 | 178(3)(B) | Refusal to ply or carry the passengers by the driver of a contract-carriage other than two wheeled or three-wheeled contract carriage | Rs. 200/- |
| 7 | 179 (1) | Disobedience of any direction or obstructs any function by a Driver | Rs. 500/- |
| 8 | 179 (2) | Refusal to give information or gives false information | Rs. 1,000/- |
| 9 | 180 | Allowing Unauthorised person to drive vehicle | Rs. 5,000/- |
| 10 | 181 | Driving without having a valid license | Rs. 5,000/- |
| 11 | 182 (1) | Driving a motor vehicle in a public place after disqualification under the Act or applies for or obtains a license without disclosing the endorsement made on a driving license which is previously held | Rs. 10,000/- |
| 12 | 182 (2) | Act as a Conductor of a stage carriage in a public place after disqualification or applies for or obtains a conductor license without disclosing the endorsement made on a Conductor's license which is previously held | Rs. 1,000/- |
| 13 | 182 A(1) | Offences relating to sale or delivery or alteration of motor vehicles by dealer, Manufacturer or importer violating Chapter VII or rules and regulations made thereunder | Rs. 1,00,000/- per such vehicle |
| 14 | 182 A(3) | Offences relating to sale of critical safety component which does not comply with chapter VII or rules and regulations made thereunder | Rs. 1,00,000/- per such component |
| 15 | 182 A(4) | Alteration of motor vehicle by owner not permitted under the Act or the Rules and regulations made thereunder | Rs. 5,000/- per such alteration |
| 16 | 182 B | Punishment for contravention of section 62 A (Prohibition of registration and issuance of certificate of fitness to oversized vehicle) | Rs. 5,000/- |
| 17 | 183 (1)(1) | Drives or causes any person to drive LMV with excess speed | For first offence: Rs. 1,000/- For the second or any subsequent offence under this sub-section the driving license of such driver shall be impounded as per the provisions of section 206 (4) |
| 18 | 183 (1)(ii) | Drives or causes any person to drive a Medium or I-leavy Goods or Passenger vehicle with excess speed | For first offence: Rs. 2,000/- For the second or any subsequent offence under this sub-section the driving license of such driver shall be impounded as per the provisions of section 206(4) |
| 19 | 184 (C) | Driving dangerously (only to the extent to the use of handheld communication device) | For first offence: Rs. 1,000/- For subsequent offence: Rs 10,000/- |
| 20 | 186 | Driving when mentally or physically unfit to drive | For first offence: Rs. 500/- For subsequent offence: Rs. 1,000/- |
| 21 | 189 | Racing and trials of speed without the written consent of state government | For first offence: Rs. 5,000/- For subsequent offence: Rs. 10,000/- |
| 22 | 190 (2) | Drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air pollution | For first offence: (i) Rs. 500/- for Two Wheeled /erickshaw/Three Wheeled Motor Vehicles (ii) Rs. 1,000/- for Non-transport vehicle other than two wheeled and three wheeled Non- transport vehicle (iii) Rs. 1,500/- for LMV Transport (other than two wheeled / erickshaw/ three wheeled transport vehicle) (iv) Rs. 2,000/- for Medium/Heavy Transport vehicles For Subsequent offence: (i) Rs. 1,000/- for Two Wheeled/ e-rickshaw/ Three Wheeled Motor Vehicles (ii) Rs. 2,000/- for Non -transport vehicle other than two wheeled and three wheeled Non-transport vehicle (iii) Rs. 3,000/- for LMV Transport (other than two wheeled/erickshaw/three wheeled transport vehicle) (iv) Rs. 4,000/- for Medium/Heavy Transport vehicles |
| 23 | 192 | Using vehicle without registration or fitness:- (i) Two wheeled or three wheeled motor vehicle (ii) Passenger vehicles other than Two wheeled or three wheeled motor vehicle (iii) Agriculture Tractor/ trailer (iv) Goods vehicle |
For first offence: Rs. 2,000/- For first offence: Rs. 5,000/- For first offence: Rs. 2,000/- For first offence: Rs. 5,000/- |
| 24 | 192 A | Using vehicle without permit violation of permit conditions | Rs. 10,000/- for HMV Rs. 5,000/- for LMV/MMV Rs. ,2000/- for Two Wheeler/Three Wheeler & Stage Carriage Bus plying exclusively on urban routes |
| 25 | 194 (1) | Driving Vehicle (i) exceeding permissible weight in contravention of section 113, 114 (ii) in contravention of section 115 (driving in prohibited/ restricted area) |
Rs. 5,000/- and additional Rs. 1,000/- per ton of excess load together with the liability to pay charges for off-loading of excess load Rs. 5,000/- |
| 26 | 194 (1A) | Driving a motor vehicle carrying over dimension projections | Rs. 5,000/- together with the liability to pay charges for offloading of such load |
| 27 | 194(2) | Refuses to stop and submit his vehicle to weighing after being directed by authority | Rs. 10,000/- |
| 28 | 194 A | Carrying excess passenger in trans ort vehicle | Rs. 200/- per excess passenger |
| 29 | 194 B(l) | Driver or passenger without seat belt | Rs. 1,000/- |
| 30 | 194 B(2) | Carrying children below 14 years without safety belt/child restraint s stem | Rs. 500/- |
| 31 | 194 C | Riding more than two persons on two wheeler | Rs. 100/- |
| 32 | 194 D | Riding without helmets by driver & rider | Rs. 1,000/- |
| 33 | 194 E | Not providing way for emergency vehicles (Fire Service or Ambulance) | Rs. 1,000/- |
| 34 | 194 F(A) | l . Using horn needlessly or continuously 2. Using horn in prohibited area |
Rs. 500/- for Two/Three Wheeler Rs. 1,000/- for other than above |
| 35 | 194 F(B) | Release of exhaust gas other than silencer | Rs. 500/- for Two/Three Wheeler Rs. 1,000/- for other than above |
| 36 | 196 | Driving Uninsured Vehicle | Rs. 1,000/- for Two/Three Wheeler Rs. 2,000/- for other than above |
| 37 | 198 | Unauthorized interference with vehicle | Rs. 1,000/- |
Non Compoundable Offences
Non-Compoundable offences are those for which a range of penalty amount is specified along with some other clause such as imprisonment. The amount of penalty and punishment is further is decided by the court.
| S. No. | Section | Offence | Penalty |
|---|---|---|---|
| 1 | 182 A(2) | Manufacturer of motor vehicles fails to comply with provisions of Chapter VII or the rules and regulations made thereunder | Imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or both. |
| 2 | 184 | Driving dagerously: a) Jumping a red light b) Violating a stop sign d) Passing or overtaking other vehicles in a manner contrary to law e) Driving against the authorized flow of traffic f) Driving in any manner that would be expected of a competent and careful driver that driving in that manner would be dangerous |
First Offence: Imprisonment which may extend to one year but shall not be less than six months or fine which shall not be less than Rs. 1,000/- but may extend to Rs. 5,000/- or with both. Subsequent Offence: If comimitted within three years of commission of previous offence with imprisonment which may extend to two years but shall not be less than six months or fine of Rs. 10,000/- or with both. |
| 3 | 185 | Driving by a drunken person or by a person under influence of drugs | First Offence: Imprisonment for a term which may extend to six months or with fine of 10,000/- rupees or with both. Second or Subsequent Offence: Imprisonment for a term which may extend to two years or with fine of 15,000/- rupees or with both. |
| 4 | 187 | Punishment for offences relating to accidents | First Offence: Imprisonment for a term which may extend to six months or with fine of 5,000/- rupees or with both. Second or Subsequent Offence: Imprisonment for a term which may extend to one year or with fine of 10,000/- rupees or with both. |
| 5 | 188 | Punishment for abetment of certain offences u/s 184 or 185 or 186 | Shall be punishable with punishment provided for the offence |
| 6 | 190 (1) | Using vehicle in unsafe condition | Fine of Rs. 1,500/- and if causing bodily injury or damage to property, imprisonment upto 3 months if fine of Rs. 5,000/- or both for first offence and imprisonment upto 6 months or fine Rs. 10,000/- for subsequent offence. |
| 7 | 192 B (1) | Owner fails to make an application for registration | Fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher. |
| 8 | 192 B (2) | Dealer fails to make an application for registration | Fine of fifteen times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher. |
| 9 | 192 B (3) | Owner of the motor vehicle obtains certificate of registration on the basis of false documents or facts | 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. |
| 10 | 192 B (4) | Dealer of the motor vehicle obtains certificate of registration on the basis of false documents or facts | 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. |
| 11 | 193 (1) | Engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder | First Offence: Fine of Rs. 1,000/- Second Offence: Imprisonment which may extend to six months or with fine of Rs. 2,000/- or with both. |
| 12 | 193 (2) | Engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made thereunder | First Offence: Fine upto Rs. 1,00,000/- but shall not be less than Rs. 25,000/- |
| 13 | 193 (3) | Aggregator contravenes a condition of the license granted under sub-section (1) of section 93 | Rs. 5,000/- |
| 14 | 197 (1) | Drives away any motor vehicle without having either consent of the owner or other lawful authority | Imprisonment which may extend to three months or with fine of Rs. 5,000/- or with both |
| 15 | 197 (2) | Unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of vehicle. | Imprisonment which may extend to three months, or with fine of Rs. 5,000/- or both. |
| 16 | 197 (3) | Attempt to commit any of the acts referred to in sub-section (1) or (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 sub-section (2) | As per the provision of sub-section (1) or sub-section (2) |
| 17 | 198 A | Failure to comply with standards for road design, construction or maintenance | Fine which may extend to Rs. 1,00,000/- |
| 18 | 199 | Offences by companies | To be punished as per the provisions described in this act. |
| 19 | 199 A | Offences by Juveniles | To be punished as per the provisions described in this act. Guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with fine of Rs. 25,000/-. Registration of motor vehicle used in the commission of the offence shall be cancelled for a period of 12 months. Juvenile shall not be eligible to be granted a driving license until such juvenile has attained age of 25 years. Juvenile shall be punishable with such fines as provided in this Act while any custodial sentence may be modified as per the provisions of Juvenile Justice Act, 2000. |
| 20 | 199 B | Revision of Fines | Fine provided in this Act shall be increased by such amount not exceeding ten percent in value of the existing fines, on annual basis, as may be notified by the Central Government. |
