Page 161 - The Motor Vehicles Act, 1988
P. 161

SECTION 188                              THE MOTOR VEHICLES ACT, 1988  147


                          shall be punishable for the first offence with imprisonment for a term which may extend
                                                 1
                          to six months, or with fine  [of ten thousand rupees], or with both; and for a second or
                                            2
                          subsequent offence,  [xxx] with imprisonment for a term which may extend to two
                                          3
                          years, or with fine  [of fifteen thousand rupees], or with both.
                               4 [Explanation : For the purposes of this section, the expression “drug” means any
                          intoxicant other than alcohol, natural or synthetic, or any natural material or any salt,
                          or preparation of such substance or material as may be notified by the Central
                          Government under this Act and includes a narcotic drug and psychotropic substance
                          as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and
                          Psychotropic Substances Act, 1985 (61 of 1985).]
                          186. Driving when mentally or physically unfit to drive
                               Whoever drives a motor vehicle in any public place when he is to his knowledge
                          suffering from any disease or disability calculated to cause his driving of the vehicle to
                          be a source of danger to the public, shall be punishable for the first offence with fine
                                             5
                          which may  extend to  [one thousand rupees] and for a second or subsequent offence
                                                    6
                          with fine which may extend to  [two thousand rupees].
                          187. Punishment for offences relating to accident
                                                                             7
                               Whoever fails to comply with the provisions of clause  [(a)] of sub-section (1) of
                          section 132 or of section 133 or section 134 shall be punishable with imprisonment for a
                                                  8
                                                                         9
                          term which may extend to  [six months], or with fine  [of five thousand rupees], or
                          with both or, if having been previously convicted of an offence under this section, he is
                          again convicted of an offence under this section, with imprisonment, for a term which
                                       10
                                                            11
                          may extend to  [one year], or with fine  [of ten thousand rupees], or with both.
                          188. Punishment for abetment of certain offences
                               Whoever abets the commission of an offence under section 184 or section 185 or
                          section 186 shall be punishable with the punishment provided for the offence.









                          1.  Substituted for “which may extend to two thousand rupees” by the Motor Vehicles (Amdt.) Act,
                              2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
                          2.  Words “if committed within three years of the commission of the previous similar offence,” omitted,
                              ibid.
                          3.  Substituted for “which may extend to three thousand rupees”, ibid.
                          4.  Substituted, ibid. Prior to substitution, Explanation read as under:
                              “Explanation : For the purposes 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.”
                          5.  Substituted for “two hundred rupees”, ibid.
                          6   Substituted for “five hundred rupees”, ibid.
                          7.  Substituted for “(c)”, ibid.
                          8.  Substituted for “three months”, ibid.
                          9.  Substituted for “which  may extend to five hundred rupees”, ibid.
                          10.  Substituted for “six months”, ibid.
                          11.  Substituted for “which may extend to one thousand rupees”, ibid.
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