Motor Vehicles Act Section 197 — Taking vehicle without authority
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) covers taking and driving away a motor vehicle without the owner's consent or other lawful authority. This is punishable with imprisonment up to three months, a fine of five thousand rupees, or both. However, a person will not be convicted if the Court is satisfied that the person reasonably believed they had lawful authority, or reasonably believed the owner would have given consent if asked.
Sub-section (2) covers seizing or taking control of a motor vehicle unlawfully, using force, threat of force, or any other form of intimidation. This is also punishable with imprisonment up to three months, a fine of five thousand rupees, or both.
Sub-section (3) states that attempting any of the acts described in sub-section (1) or sub-section (2), or abetting the commission of such acts, is also treated as committing the offence under the relevant sub-section.
Official Text
(1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine 3[of five thousand rupees], or with both.
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 3[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).