Motor Vehicles Act Section 208 — Summary disposal of cases
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) explains what a court must state on the summons when it takes up a case for an offence under this Act, except for offences that the Central Government may specify by rules. If the offence is punishable with imprisonment, the court may state that the accused can appear through a lawyer or in person. In all other cases, the court must state that the accused may either appear through a lawyer or in person, or may, by a specified date before the hearing, plead guilty and send the court a money order for a sum the court specifies, which cannot exceed the maximum fine for the offence, with the plea of guilt indicated on the money order coupon itself.
The proviso to sub-section (1) adds that for offences referred to in sub-section (2), the court must state on the summons that if the accused pleads guilty, the plea must be made in the manner described in clause (b) of sub-section (1), and the accused must also send their driving licence to the court along with the letter containing the plea.
Sub-section (2) covers offences that the Central Government specifies by rules for this purpose. In such cases, if the accused pleads guilty and sends their driving licence to the court with the letter containing the plea, the court must make an endorsement of the conviction on the driving licence.
Sub-section (3) states that if an accused person pleads guilty, sends the specified sum, and has complied with the requirements of sub-section (1), or both sub-sections (1) and (2) as applicable, then no further proceedings can be taken against them for that offence. Additionally, despite anything else in this Act, the accused cannot be disqualified from holding or obtaining a driving licence just because they pleaded guilty.
Official Text
(1) The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) under this Act,—
(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.