The Motor Vehicles Act, 1988
Administered Ministry: Ministry of Road Transport and Highways
Section 194F Use of horns and silence zones.
1[2[194F. Use of horns and silence zones.--- Whoever---
(a) while driving a motor vehicle---
(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 for the first contravention be issued a warning recorded in such manner as may be prescribed by the Central Government, and for any second or subsequent contravention shall be liable to penalty which shall not be less than one thousand rupees, but may extend to two thousand rupees.]]
1. Ins. by Act 32 of 2019,s. 79, (w.e.f. 1-9-2019).
2. Subs. by s. 2 and Sch., ibid., for section 194F (w.e.f. 15-8-2026).
Section 195 Omitted.
Section 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 1[liable for the first contravention with penalty of three times the base premium for such vehicle specified under sub-section (2) of section 147 or five thousand rupees, whichever is higher, and for a subsequent contravention shall be liable to penalty of five times the base premium for such vehicle as specified under sub-section (2) of section 147 or ten thousand rupees, whichever is higher].
1. Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 15-8-2026)
Section 197 Taking vehicle without authority.
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 1[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).
2. Subs. by s. 83, ibid., for “with fine which may extend to one hundred rupees” (w.e.f 1-9-2019).
Section 198 Unauthorised interference with vehicle.
1[198. Unauthorised interference with vehicle.--- Whoever otherwise than with lawful authority or reasonable excuse, without prejudice to any liability under the provisions of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023),---
(a) enters or mounts any stationary motor vehicle shall be liable to penalty of one thousand rupees;
(b) tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with a fine of ten thousand rupees.]
3. Subs. by Act 8 of 2026, s. 2 and Sch., for section 198 (w.e.f. 15-8-2026).
Section 198A Failure to comply with standards for road design, construction and maintenance. 3 docs
1[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 2[under section 210C for National Highways or by the State Government under section 210D for roads other than National Highways, as the case may be] from time to time.
3[(2) Where the 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 liable to penalty which may extend to fifty lakh rupees and the same,---
(i) for national highways, shall be paid to the Fund constituted under section 164B; and
(ii) for roads other than national highways, shall be paid to the State Government in such manner as may be prescribed by such Government.]
(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;
(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 4[or the State Government, as the case may be].
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.]
1. Ins. by Act 32 of 2019, s. 84 (w.e.f. 1-9-2019).
2. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-8-2026).
3. Subs. by s. 2 and Sch., ibid., for sub-section (2) (w.e.f. 15-8-2026).
4. Ins. by s. 2 and Sch., ibid., (w.e.f. 15-8-2026)
Section 199 Offences by companies. 1 docs
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.
Section 199A Offences by juveniles.
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.
(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).]
Section 199B Revision of fines and penalties.
199B. Revision of fines 1[and penalties].---2[The fines and penalties] 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 2019), as may be notified by the Central Government.]
1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-8-2026).
2. Subs. by s. 2 and Sch., ibid., for “The fines” (w.e.f. 15-8-2026)
Section 200 Composition of certain offences. 3 docs
1[(1) Any offence whether committed before or after the commencement of this Act 2[punishable under section 180, section 181, sub-section (1) of section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, sub-section (1) of section 183, clause (c) of the Explanation to section 184, section 189, second or subsequent offence under clause (i) of sub-section (2) of section 190, second or subsequent offence under section 192, sub-section (3) of section 192B, second or subsequent offence under section 194E, and clause (b) of 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.]
3[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:
3[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.]
1. Subs. by Act 18 of 2023, s. 2 and Sch. for sub-section (1) (w.e.f. 13-01-2025).
2. Subs. by Act 8 of 2026, s. 2 and sch. for certain words (w.e.f. 15-8-2026).
3. Ins. by Act 32 of 2019, s. 86 (w.e.f. 1-9-2019).
Section 201 Penalty for causing obstruction to free flow of traffic.
Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law.
3[Provided further that where the vehicle is removed by 4[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.]
5[(2) Penalties or 6[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.]
7[(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed.]
8[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.]
2. Subs. by s. 87, ibid., for “fifty rupees per hour” (w.e.f. 1-9-2019).
3. Ins. by Act 54 of 1994, s. 59 (w.e.f. 14-11-1994).
4. Subs. by Act 32 of 2019, s. 87, for “a Government agency, towing charges” (w.e.f. 1-9-2019).
5. Subs. by Act 54 of 1994, s. 59, for sub-section (2) (w.e.f. 14-11-1994).
6. Subs. by Act 32 of 2019, s. 87, for “towing charges” (w.e.f. 1-9-2019).
7. Ins. by s. 87, ibid. (w.e.f. 1-9-2019).
Section 202 Power to arrest without warrant.
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.
Section 203 Breath tests.
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 opportunity to 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 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.
Section 204 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.
Section 205 Presumption of unfitness to drive.
Section 206 Power of police officer to impound document.
(2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of amotor 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 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) A police officer or other person seizing a licence under sub-section (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 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 application 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 authorization to drive to such date as may be specified in the acknowledgment.
1[(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19:
Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.]
Section 207 Power to detain vehicles used without certificate of registration permit, etc. 2 docs
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.
STATE AMENDMENT
Rajasthan
Amendment of Section 207, Central Act 59 of 1988.—In the proviso to sub-section (1) of Section 207 of the principal Act, the expression “or without the permit required by sub- section (1) of Section 66” as occurring between the expression “Section 3 or section 4” and the expression “he may” shall be deleted.
[Vide Rajasthan Act 2 of 1993, s. 3.]
Section 208 Summary disposal of cases.
(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 or in person; or
(b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself:
Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea.
(2) Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, make an endorsement of such conviction on his driving licence.
(3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub-sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.
Section 209 Restriction on conviction.
(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.
Section 210 Courts to send intimation about conviction.
(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.