Sections 196, 197, 198, 198A, 199A and 199B of the Motor Vehicles Act
These provisions cover driving an uninsured vehicle, taking or controlling a vehicle without authority, unauthorised interference with a vehicle, road-design and maintenance standards, offences committed by juveniles, and statutory revision of fines.
Section 195 - Omitted
The former section 195, concerning imposition of minimum fine in certain circumstances, was omitted by the 2019 amendment with effect from 1 September 2019.
Section 196 - Driving uninsured vehicle
Section 196 applies when a person drives, causes or allows a motor vehicle to be driven in contravention of section 146. Section 146 generally requires a policy of insurance complying with Chapter XI before a motor vehicle is used in a public place, subject to statutory exceptions.
For the first offence: imprisonment up to three months, or fine of Rs. 2,000, or both. For a subsequent offence: imprisonment up to three months, or fine of Rs. 4,000, or both.
Section 197 - Taking vehicle without authority
This section covers taking and driving away a motor vehicle without the owner's consent or other lawful authority, and unlawfully seizing or exercising control over a motor vehicle by force, threat of force or intimidation.
For the acts covered by section 197(1) and 197(2), imprisonment may extend to three months, or a fine of Rs. 5,000, or both. Attempts and abetment are also covered by section 197(3). The statutory reasonable-belief defence in section 197(1) remains relevant.
Section 198 - Unauthorised interference with vehicle
A person who, without lawful authority or reasonable excuse, enters or mounts a stationary motor vehicle or tampers with its brake or any part of its mechanism commits the offence under section 198.
The fine is Rs. 1,000.
Section 198A - Failure to comply with road design, construction and maintenance standards
Section 198A places statutory responsibility on a designated authority, contractor, consultant or concessionaire responsible for road design, construction or maintenance to follow safety standards prescribed by the Central Government.
If failure to comply with the prescribed standards results in death or disability, the responsible authority, contractor or concessionaire may be fined up to Rs. 1 lakh, payable to the Motor Vehicle Accident Fund constituted under section 164B.
Meaning of contractorThe statutory explanation includes sub-contractors and all persons responsible for any stage in the design, construction and maintenance of a stretch of road.
Section 199A - Offences by juveniles
Where an offence under the Motor Vehicles Act is committed by a juvenile, section 199A creates a statutory presumption and consequences for the guardian or vehicle owner, subject to the defences and exceptions written into the section.
The guardian or owner is deemed guilty unless it is proved that the offence occurred without that person's knowledge or that all due diligence was exercised to prevent it. In addition to the underlying penalty, section 199A(2) provides imprisonment up to three years and a fine of Rs. 25,000.
Vehicle and licensing consequencesThe vehicle's registration is cancelled for twelve months. The juvenile is not eligible for a learner's or driving licence until attaining twenty-five years, subject to the section's exception where the juvenile held a valid learner's licence or driving licence and was operating a vehicle the juvenile was licensed to operate.
Section 199B - Revision of fines
Section 199B authorises annual revision of fines under the Act from 1 April each year by an amount not exceeding ten per cent of the existing fines, as may be notified by the Central Government.
The section is an enabling provision: any increase depends on a Central Government notification. The amount applicable to a particular offence should therefore be checked against the Act and any operative notification, as well as a State notification where another provision authorises State-level increases or compounding amounts.
Motor Vehicles (Amendment) Act, 2019 - amendment text
Omission of section 195 of Motor Vehicles Act
80. Section 195 of the principal Act shall be omitted.
Amendment of section 196 Motor Vehicles Act
81. In section 196 of the principal Act,-
(i) after the words "shall be punishable", the words "for the first offence" shall be inserted;
(ii) for the words "which may extend to one thousand rupees", the words "of two thousand rupees," shall be substituted; and
(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 three months, or with fine of four thousand rupees, or with both." shall be inserted.
Amendment of section 197 Motor Vehicles Act
82. In section 197 of the principal Act,-
(i) in sub-section (1), for the words "which may extend to five hundred rupees",
the words "of five thousand rupees" shall be substituted;
(ii) in sub-section (2), for the words "which may extend to five hundred rupees", the words "of five thousand rupees" shall be substituted.
Amendment of section 198 Motor Vehicles Act
83. In section 198 of the principal Act, for the words "with fine which may extend to one hundred rupees", the words "with fine of one thousand rupees" shall be substituted.
Insertion of new section 198A Failure to comply with standards for road design, construction and maintenance
84. After section 198 of the principal act, the following section shall be inserted, namely:-
'198A. (1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.
(2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B.
(3) For the purposes of sub-section (2), the court shall in particular have regard to the following matters, namely:-
(a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road;
(b) the standard of maintenance norms applicable for a road of that character and use by such traffic;
(c) the state of repair in which road users would have expected to find the road;
(d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users;
(e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose;
(f) whether adequate warning notices through road signs, of its condition had been displayed; and
(g) such other matters as may be prescribed by the Central Government.
Explanation.-For the purposes of this section, the term "contractor" shall include sub-contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.'.
Insertion of new sections 199A and 199B. Offences by juveniles
85. After section 199 of the principal Act, the following sections shall be
inserted, namely:-
"199A. (1) Where an offence under this Act has been committed by a juvenile, the
guardian of such juvenile or the owner of the motor vehicle shall be deemed to
be guilty of the contravention and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing in this sub-section shall render such guardian or owner liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Explanation.-For the purposes of this section, the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be.
(2) In addition to the penalty under sub-section (1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees.
(3) The provisions of sub-section (1) and sub-section (2) shall not apply to such guardian or owner if the juvenile committing the offence had been granted a learner's licence under section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate.
(4) Where an offence under this Act has been committed by a juvenile, the registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of twelve months.
(5) Where an offence under this Act has been committed by a juvenile, then, notwithstanding section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or a learner's licence under section 8 until such juvenile has attained the age of twenty-five years.
(6) Where an offence under this Act has been committed by a juvenile, then such juvenile shall be punishable with such fines as provided in the Act while any custodial sentence may be modified as per the provisions of the Juvenile Justice Act, 2000
Section 199B of Motor Vehicles Act
199B. The fines as provided in this Act shall be increased by such amount not exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year from the date of commencement of the Motor Vehicles (Amendment) Act, 2019, as may be notified by the Central Government.".
Official resources
Motor Vehicles Act, 1988 - India Code
Motor Vehicles (Amendment) Act, 2019 - MoRTH
India Code official legislation portal