Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 194, section 195, section 196, , section 197 and section 198

HAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 194, section 195, section 196, section 197  and section 198

   193. Punishment of agents and canvassers without proper authority, -   Whoever canvasses himself as an agent of canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with a fine which may extent to one thousand rupees and for any second or subsequent offence with imprisonment with may extent to six months, or with fine which may extent to two thousand rupees, or with both.

   194. Driving vehicle exceeding permissible weight, -  (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or  section115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne excess of load, together with the liability to pay charges for off-loading the excess load.

  (2)  Any driver of a vehicle who refuses to stop and submit the vehicle to weighing after being directed to do so by an officer authorized in this behalf under section 114 or removes or causes to be removed of the load or part of it prior to weighing shall be punishable with fine which may extent to three thousand rupees.

   195. Impositions of minimum fine under certain circumstances, -  (1) Whoever having been convicted of an offence under this Act or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of the first offence, no Court shall, except fro reasons to be recorded in writing, impose him a fine less than one fourth of the maximum amount of fine imposable for that  offence.

  (2)  Noting in sub-section (1) shall be construed as restricting the power of the Court from awarding such imprisonment, as it considers necessary in the circumstances of the case not exceeding the maximum specified in  this Act in respect of that offence.

     196. Driving uninsured vehicle, -  Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extent to three months, or with fine which may extent to one thousand rupees, or with both.

    197. Taking vehicles without authority, - (1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extent to three months, or with both.

  Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor.

  (2)  Whoever, unlawfully by force or threat of force or by any other form of intimidation seizes or exercised control of a motor vehicle shall be punishable with imprisonment which may extent to three months, or with fine which may extent to five hundred rupees, or with both.

  (3)  Whoever, attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) Or, as the case may be, sub-section (2).

     198. Unauthorized interference with the vehicle, -  (1) Whoever otherwise than lawful authority or reasonable excuse enters or mounts any stationary vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with fine which may extent to one hundred rupees.