Motor Vehicles (Amendment) Act, 2019 / Traffic offences and penalties

Sections 183, 184, 185, 186, 187 and 189 of the Motor Vehicles Act

These provisions deal with excessive speed, dangerous driving, driving under the influence of alcohol or drugs, driving while mentally or physically unfit, failure to perform statutory accident duties, and unauthorised racing or speed trials.

Current legal framework: These provisions form part of Chapter XIII of the Motor Vehicles Act, 1988. The Motor Vehicles (Amendment) Act, 2019 substantially increased penalties and expanded several offences. The relevant amendments took effect from 1 September 2019. Compounding, where legally permitted, is governed by section 200 and applicable State Government notifications.

Section 183 - Driving at excessive speed

Section 183 penalises driving, or causing an employee or a person under one's control to drive, in contravention of the speed limits referred to in section 112.

Current statutory penalties

For a light motor vehicle, the fine is not less than Rs. 1,000 and may extend to Rs. 2,000. For a medium goods vehicle, medium passenger vehicle, heavy goods vehicle or heavy passenger vehicle, the fine is not less than Rs. 2,000 and may extend to Rs. 4,000. For a second or subsequent offence under section 183(1), the driving licence is liable to be impounded in accordance with section 206(4).

The section recognises speed detected by mechanical or electronic means.

Section 184 - Driving dangerously

Dangerous driving is assessed having regard to the speed or manner of driving, the nature and use of the place, traffic conditions and other circumstances. The 2019 amendment also covers driving that causes alarm or distress to occupants, road users or persons near roads.

Examples expressly identified by the Act

Jumping a red light, violating a stop sign, using a handheld communication device while driving, unlawful passing or overtaking, driving against the authorised flow of traffic, and driving far below the standard expected of a competent and careful driver in circumstances where the danger would be obvious.

For a first offence, the section provides imprisonment which may extend to one year but shall not be less than six months, or a fine of not less than Rs. 1,000 and up to Rs. 5,000, or both. A second or subsequent offence committed within three years attracts imprisonment up to two years, or a fine of Rs. 10,000, or both.

Section 185 - Driving under the influence of alcohol or drugs

Section 185 applies where a person drives or attempts to drive with alcohol exceeding the statutory limit, or while under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

Alcohol threshold

The statutory threshold is alcohol exceeding 30 milligrams per 100 millilitres of blood, detected by a breath analyser or another test including a laboratory test.

Penalty

For the first offence, imprisonment up to six months, or fine of Rs. 10,000, or both. For a subsequent offence, imprisonment up to two years, or fine of Rs. 15,000, or both.

For this section, "drug" includes notified intoxicants other than alcohol and includes narcotic drugs and psychotropic substances as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985.

Section 186 - Driving when mentally or physically unfit

A person who knowingly drives in a public place while suffering from a disease or disability calculated to make the driving a source of danger to the public commits an offence under section 186.

Penalty

Fine up to Rs. 1,000 for the first offence and up to Rs. 2,000 for a second or subsequent offence.

Section 187 - Punishment for offences relating to an accident

Section 187 penalises failure to comply with specified statutory duties connected with a motor accident, including relevant obligations under sections 132, 133 and 134.

Penalty

For the first offence, imprisonment up to six months, or fine of Rs. 5,000, or both. For a subsequent conviction, imprisonment up to one year, or fine of Rs. 10,000, or both.

Section 189 - Racing and trials of speed

Section 189 applies where a person, without the written consent of the State Government, permits or takes part in a race or trial of speed between motor vehicles in a public place.

Penalty

For the first offence, imprisonment up to three months, or fine of Rs. 5,000, or both. A subsequent offence is punishable with imprisonment up to one year, or fine of Rs. 10,000, or both.

Motor Vehicles (Amendment) Act, 2019 - amendment text

Amendment of section 183 of Motor Vehicles Act

66. In section 183 of the principal Act,-

(i) in sub-section (1),-

(a) after the words "Whoever drives", the words "or causes any person who is employed by him or subjects someone under his control to drive" shall be inserted;

(b) for the words "with fine which extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees", the following shall be substituted, namely:-

"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.".

(ii) sub-section (2) shall be omitted.

(iii) in sub-section (3), after the word "mechanical", the words "or electronic" shall be inserted.

(iv) in sub-section (4), for the word, brackets and figure "sub-section (2)", the word, brackets and figure "sub-section (1)" shall be substituted.

Amendment of section 184 of Motor Vehicles Act

67. In section 184 of the principal Act,-
(i) after the words "dangerous to the public", the words "or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads," shall be inserted;

(ii) for the words "which may extend to six months or with fine which may extend to one thousand rupees", the words "which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both" shall be substituted;

(iii) for the words "which may extend to two thousand rupees", the words "of ten thousand rupees" shall be substituted;

(iv) the following Explanation shall be inserted, namely:-

"Explanation.-For the purpose of this section,-

(a) jumping a red light;

(b) violating a stop sign;

(c) use of handheld communications devices while driving;

(d) passing or overtaking other vehicles in a manner contrary to law;

(e) driving against the authorised flow of traffic; or

(f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.".

Amendment of section 185 of Motor Vehicles Act

68. In section 185 of the principal Act,-
(i) in clause (a), after the words "breath analyser,", the words "or in any other test including a laboratory test," shall be inserted;

(ii) for the words "which may extend to two thousand rupees", the words "of ten thousand rupees" shall be substituted;

(iii) the words " if committed within three years of the commission of the previous similar offence," shall be omitted;

(iv) for the words "which may extend to three thousand rupees", the words "of fifteen thousand rupees" shall be substituted;

(v) for the Explanation, the following Explanation shall be substituted, namely:-
'Explanation.-For the purposes of this section, the expression "drug" means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985.'.

Amendment of section 186 of Motor Vehicles Act

69. In section 186 in the principal Act, for the words "two hundred rupees" and "five hundred rupees", the words "one thousand rupees" and "two thousand rupees" shall respectively be substituted.

Amendment of section 187 of Motor Vehicles Act

70. In section 187 of the principal Act,- (i) for the brackets and letter "(c)" the brackets and letter "(a)" shall be substituted; (ii) for the words "three months", the words "six months" shall be substituted; (iii) for the words "which may extend to five hundred rupees", the words "of five thousand rupees" shall be substituted; (iv) for the words "six months", the words "one year" shall be substituted; and (v) for the words "which may extend to one thousand rupees", the words "of ten thousand rupees" shall be substituted

Amendment of section 189 of Motor Vehicles Act

71. In section 189 of the principal Act,- (i) for the words "one month", the words "three months" shall be substituted; (ii) for the words "which may extend to five hundred rupees", the words "of five thousand rupees" shall be substituted; (iii) after the words "with both", the words, "and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both." shall be inserted.

Official resources

Motor Vehicles Act, 1988 - India Code

India Code official legislation portal

Ministry of Road Transport and Highways

Parivahan