Motor Vehicles Act Section 192 — Using vehicle without registration

CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE

Civil

Summary

Sub-section (1) states that anyone who drives a motor vehicle, or causes or allows a motor vehicle to be used, in violation of section 39 (which deals with the requirement for registration) is punishable. For the first offence, the penalty is a fine that can go up to five thousand rupees, but it must not be less than two thousand rupees. For a second or subsequent offence, the penalty is imprisonment for up to one year, or a fine that can go up to ten thousand rupees but must not be less than five thousand rupees, or both. However, the court may impose a lesser punishment if it records the reasons for doing so.

Sub-section (2) says that this section does not apply to the use of a motor vehicle in an emergency, such as carrying people who are sick or injured, or transporting food, materials, or medical supplies to relieve distress. But the person using the vehicle must report this use to the Regional Transport Authority within seven days from the date of such use.

Sub-section (3) provides that a court hearing an appeal from a conviction for an offence under sub-section (1) may set aside or change any order made by the lower court, even if no appeal has been filed against the conviction itself in connection with which that order was made. The explanation clarifies that using a motor vehicle in violation of section 56 (which deals with conditions for registration and fitness) is treated as a violation of section 39, and is punishable in the same way as described in sub-section (1).

Official Text

(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both:

Provided that the court may, for reasons to be recorded, impose a lesser punishment.

(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 injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose:

Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.

(3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 3[Explanation.—Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).]