CHAPTER XIII
OFFENESES, PENALTIES AND PROCEDURE
section 209 and section 210
section 209 and section 210
208. Summary
disposal of cases, - (1) The Court taking cognizance of any offence (other
than an officer which the Central Government may, by rules specify in this
behalf) under this Act,-
(I) may, if the offence is an offence
punishable with imprisonment under this Act, and
(ii) shall, in any other case
state upon the summons to be
served on the accused person that he-
(a)
may appear through pleader or in person, or
(b)
may, by a specified date prior to the hearing of
the charges, plead guilty to the charge and remit to the Court, by money order, such sum ( not exceeding the
maximum fine that may be imposed for the offence) as the Court may specify, and
the plea of quilt indicated in the money order coupon itself.
Provided that the court shall, in the case of
any of the offences referred to in
sub-section (2), state upon the summons that the accused person, if he
pleads guilty, shall so plead in the manner specified in clause (b) and shall
forward his driving license to the Court with his letter containing such plea.
(2) where the offence dealt with in
accordance with sub-section (1) is an offense specified by the Central
Government by rules for the purpose of this sub-section , the Court shall, if
the accused person pleads guilty to the charge and forward his driving license
to the Court with the letter containing his plea, make an endorsement of such
conviction on his driving license.
(3) where an accused person pleads
guilty and remits the sum specified and
has complied with the provisions of sub-sections (1) and (2), no further
proceedings in respect of the offense shall be taken against him or nor shall
be liable, notwithstanding anything to the contrary contained in this Act, be
be disqualified for holding or obtaining a license by reason of his having
pleaded guilty.
209. Restrictions
on conviction, - No person prosecuted for an offense punishable under
section 181 of section 184 shall be convicted unless-
(a)
he was
warned at the time the offence was committed that the question of prosecuting
him would be taken into consideration, or
(b)
within fourteen days from the commission of the
offence, a notice specifying the nature of the offense and the time and place where it is alleged to
have been committed was served on or sent by registered post to him or the
person registered as the owner of the vehicle at the time of commission of the offense,
or
(c)
within twenty eight days of the commission of the offense, 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 referred to in
this sub-section was due to the fact neither the name and address of the accused
or the name and address of the registered owner of the vehicle could with reasonable
diligence have been ascertained in time, or
(b)
such
failure was brought about by the
conduct of the accused.
No comments:
Post a Comment
Ask your questions or add your valuable comments here.