The Parliament of India in the 39th year of Republic of India enacted a Motor Vehicle Act, 1988 (herein after called the Act) which deals among other subjects with the licensing of the driver and the conductor of the motor vehicles, registration of motor vehicles, control of traffic, insurance of motor vehicles and notifies certain acts and omissions as offences and prescribes punishment for such offences.
Driving by minors has increased many folds in recent times, which has rendered the precious human lives at severe risk. To tackle the situation, the law on the subject is well codified; however more needs to be done in implementing the same in its letter and spirit.
The conjoint reading of section 3 & 4 of the Act makes it abundantly clear that no person can drive a motor vehicle in a public place unless he has attained the age of majority i.e. 18 years and holds an effective driving licence. Under section 5 of the Act a duty has been cast upon the owner of the motor vehicle not to allow any person to drive the motor vehicle unless he has attained the age of majority and holds an effective driving licence. Violations of above specified guidelines will render both the driver as well as the owner of the motor vehicle liable for the punishment of imprisonment up to term of 3 months.
Under section 39 it has provided that no person shall drive a motor vehicle and no owner shall allow any person to drive his motor vehicle in any public place unless it has been properly registered by the motor vehicle registering authority. Here it will be pertinent to mention that when a motor vehicle duly registered in one state has been kept in another state for a period exceeding one year, the owner of the vehicle is legally obliged to get his vehicle registered by the registering authority of the state where the motor vehicle is normally kept.
Section 50 of the Act envisages that in case the owner of the vehicle registered under this Act sells his vehicle to another person he shall no later than 14 days report the fact to the concerned registering authority. The owner of the vehicle has been prohibited under section 52 of the Act from causing any change in the structure and the basic features of the motor vehicle. Under section 197 it has been provided that no person shall take and drive away any motor vehicle without the consent of the owner of such vehicle and violation of the provision will render the offender liable for the punishment of a term of 3 months.
Over speeding and reckless driving has been found as another significant contributor for surge in traffic accidents. The law concerning the subject is equally well codified in the following manner. Driving a motor vehicle beyond the limits of speed will render a driver criminally liable under section 112 read with section 183 of the Act. Similarly section 184 of the Act provides that whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, he shall be liable to the punishment of six months imprisonment.
Similarly if a person drives a motor vehicle while he is under the influence of drugs or has mixed driving with drinking he shall be liable to the punishments of six months imprisonment. Moreover if any person indulges in racing or trial of speed between motor vehicles he shall also be punishable with the six months imprisonment.
Section 146 of the Act envisages that no person shall use a motor vehicle in any public place unless the same is covered with valid policy of insurance against third party risk. In case any person uses any uninsured motor vehicle in a public place he will expose himself to the punishment of three months imprisonment.
A statue enacted by the legislature delivers the desired results only when it is effective implemented. To ensure the effective implementation of the Act, powers have been vested in police officers to arrest without warrant any person who engages in dangerous driving or mixes drinking with driving or drives while he is under the influence of drug(s). Similarly a police officer has been authorized to detain and seize the vehicle which is being driven by a minor or by a person who does not hold a valid driving license or the vehicle which does not carry proper registration.
(Author is working as senior prosecuting officer in Jammu & Kashmir Prosecution Services. Feedback: [email protected]
