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Bare Act · Motor Vehicles Act, 1988 · Chapter XIII
Chapter XIII · Sections
177 · General provision for punishment... 177A · Penalty for contravention of... 178 · Penalty for travelling without... 179 · Disobedience of orders,... 180 · Allowing unauthorised persons to... 181 · Driving vehicles in contravention... 182 · Offences relating to licences. 182A · Punishment for offences relating... 182B · Penalty] for contravention of... 183 · Driving at excessive speed, etc. 184 · Driving dangerously. 185 · Driving by a drunken person or by... 186 · Driving when mentally or... 187 · Punishment for offences relating... 188 · Punishment for abetment of certain... 189 · Racing and trials of speed. 190 · Using vehicle in unsafe condition. 191 · Sale of vehicle in or alteration... 192 · Using vehicle without... 192A · Using vehicle without permit. 192B · Offences relating to registration. 193 · Punishment of [agents, canvassers... 194 · Driving vehicle exceeding... 194A · Carriage of excess passengers. 194B · Use of safety belts and the... 194C · Penalty for violation of safety... 194D · Penalty for not wearing protective... 194E · Failure to allow free passage to... 194F · Use of horns and silence zones. 195 · Imposition of minimum fine under... 196 · Driving uninsured vehicle. 197 · Taking vehicle without authority. 198 · Unauthorised interference with... 198A · Failure to comply with standards... 199 · Offences by companies. 199A · Offences by juveniles. 199B · Revision of fines [and penalties]. 200 · Composition of certain offences. 201 · Penalty for causing obstruction to... 202 · Power to arrest without warrant. 203 · Breath tests. 204 · Laboratory test. 205 · Presumption of unfitness to drive. 206 · Power of police officer to impound... 207 · Power to detain vehicles used... 208 · Summary disposal of cases. 209 · Restriction on conviction. 210 · Courts to send intimation about... 210A · Power of State Government to... 210B · Penalty for offence committed by... 210C · Power of Central Government to... 210D · Power of State Government to make...
209

Restriction on conviction.

No person prosecuted for an offence punishable under section 183 or 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 offence 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 the commission of the offence, or

(c)within twenty-eight days of 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 referred to in this sub-section was due to the fact that neither the name and address of the accused nor 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.

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