Section 209 · Restriction on conviction

Any person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless-
(a) at the time of the commission of the offence he was warned that the question of his prosecution would be considered, or
(b) within fourteen days after the commission of the offence a notice specifying the nature of the offence and the time and place at which it is alleged to have been committed was served or sent by registered post on him or on the person registered as the owner of the vehicle at the time of the commission of the offence, or
(c) within twenty-eight days after the commission of the offence a summons for the offence was served on him:
Provided that nothing in this section shall apply where the Court is satisfied that-
(a) the failure to serve the notice or summons specified in this sub-section was due to the fact that neither the name and address of the accused person nor the name and address of the registered owner of the vehicle could be ascertained with due diligence within time; (b) such failure was caused by the conduct of the accused.