Motor Vehicles Act Section 183 — Driving at excessive speed, etc
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) covers the offence of driving a motor vehicle faster than the speed limits set under section 112 of the Act. It also covers a person who causes an employee or someone under their control to drive in this way. The punishment is a fine, and the amount depends on the type of vehicle. For a light motor vehicle, the fine is not less than one thousand rupees and may go up to two thousand rupees. For a medium goods vehicle, medium passenger vehicle, heavy goods vehicle, or heavy passenger vehicle, the fine is not less than two thousand rupees and may go up to four thousand rupees. For a second or any later offence under this sub-section, the driver's licence will be impounded as per the rules in sub-section (4) of section 206.
Sub-section (3) says that a person cannot be convicted of an offence under sub-section (1) based only on the evidence of one witness who says that, in their opinion, the person was driving at an unlawful speed. That opinion must be shown to be based on an estimate obtained using some mechanical or electronic device.
Sub-section (4) deals with situations where a timetable is published, or a direction is given, requiring a journey or part of a journey to be completed within a specified time. If the court believes that it is not practicable to complete that journey in the specified time without breaking the speed limits under section 112, then the publication of the timetable or the giving of the direction is treated as prima facie evidence that the person who published it or gave the direction has committed an offence under sub-section (1).
Official Text
(1) Whoever, drives 3[or causes any person who is employed by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable 4[in the following manner, namely:—
(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees;
(ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and
(iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206.] 5* * * * *
(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 6[or electronic] 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 contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under 1[sub-section (1)].