Motor Vehicles Act Section 190 — Using vehicle in unsafe condition
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) covers driving a vehicle or trailer in a public place when it has a defect that the driver knows about, or could have discovered with ordinary care, and that defect makes driving it a danger to people and other vehicles. The penalty for this is a fine of one thousand five hundred rupees. If the defect causes an accident that results in bodily injury or damage to property, the penalty is imprisonment up to three months, or a fine of five thousand rupees, or both. For a subsequent offence, the penalty is imprisonment up to six months, or a fine of ten thousand rupees for bodily injury or damage to property.
Sub-section (2) covers driving a motor vehicle in a public place that does not meet the prescribed standards for road safety, noise control, and air pollution. For the first offence, the penalty is imprisonment up to three months, or a fine up to ten thousand rupees, or both, and the person is disqualified from holding a driving licence for three months. For a second or subsequent offence, the penalty is imprisonment up to six months, or a fine up to ten thousand rupees, or both.
Sub-section (3) covers driving a motor vehicle in a public place that violates the provisions of this Act or its rules regarding the carriage of goods that are dangerous or hazardous to human life. For the first offence, the penalty is a fine of ten thousand rupees and disqualification from holding a driving licence for three months, or imprisonment up to one year, or both. For a second or subsequent offence, the penalty is a fine of twenty thousand rupees, or imprisonment up to three years, or both.
Official Text
(1) 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 11[of one thousand five hundred 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 12[of five thousand rupees], or with both 13[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property].
(2) Any person who 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, shall be punishable for the first offence with 14[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with 15[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both].
(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 16[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine 1[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both.