MV Act 190Chapter XIII · Offences, Penalties and Procedure
Section 190 · Using vehicle in unsafe condition
Text size — level 1 of 4
(1) Any person who drives or causes or allows to be driven
in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person
knows of or could have discovered by the exercise of ordinary care and which is calculated to render the
driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable
with fine 1[of one thousand five hundred rupees] or, if as a result of such defect an accident is caused
causing bodily injury or damage to property, with imprisonment for a term which may extend to three
months or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be
punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand
rupees for bodily injury or damage to property].
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with 4[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with 5[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both].
(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 6[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine 7[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both.
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with 4[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with 5[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both].
(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 6[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine 7[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both.
The offence at a glance
- Punishment
- up to 3 years, fine up to Rs 5000
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
Your private note on this section
Only you can see this note.