Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 183, section 184 and section 185

CHAPTER XIII
OFFENESES, PENALTIES AND PROCEDURE
 section 183, section 184 and section 185

183. Driving at excessive speed etc,- (1) Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with a fine which may extent to four hundred rupees or, if  having been previously convicted of an offence under this section, with fine which may extent to one thousand rupees.

(2)  Whoever causes any person who was employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limit referred in section 112 shall be punishable with a fine which may extent to three hundred rupees, or, if having previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section with a fine which may extent to five hundred rupees.

  (3)  No person shall be convicted of an offence punishable under sub-section  (1) solely on evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to based on an estimate obtained by the  use of some mechanical device.

 (4) The publication of a time table under which,  or giving of any direction that, any journey or part of a journey to be completed within a specified time shall, if in the opinion of the Court is not practicable in the circumstances of the case for that journey or a part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prema facie  evidence that the  person who  published the time table or gave the direction has committed an offence punishable under sub-section (2).

184. Driving dangerously, - Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time  or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment  for a  term which may extent to six months, or with a fine which may extent to one thousand rupees, and for any second or subsequent offence  if committed within three years of the commission of the previous similar offence with  imprisonment for a term which may extent to two years on with a fine which may extent to two thousand rupees, or with both.

   185. Driving by a drunken person or a person under the influence of drugs-, whoever, while driving, or attempting to drive a motor vehicle-

(a)    Has in his blood, alcohol, exceeding 30 mg, per 100 ml of blood detected in a test by a breath analyzer; or

(b)   Is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

(c)    shall be punishable for the first offence with imprisonment for a term which may extent to six months, or with a fine which may extent to two thousand rupees or with both, and for a second or subsequent offence, if committed within three years of commissioning of the previous offence, with imprisonment for a term which may extent to two years or with a fine which may extent to three thousand rupees, or with both.

Explanation:- For the purpose of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.


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