Page 163 - The Motor Vehicles Act, 1988

SECTION 192 THE MOTOR VEHICLES ACT, 1988 149

1 [191. Sale of vehicle in or alteration of vehicle to condition contravening this
Act
Whoever being an importer of or dealer in motor vehicles, sells or delivers or offers to sell
or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would
be in contravention of Chapter VII or any rule made thereunder or alters the motor vehicle or
trailer so as to render its conditions such that its use in a public place would be in contravention
of Chapter VII or any rule made thereunder shall be punishable with fine which may extend to
five hundred rupees:
PROVIDED that no person shall be convicted under this section if he proves that he had
reasonable cause to believe that the vehicle could not be used in a public place until it had been
put into a condition in which it might lawfully be so used.]
2 [192. Using vehicles without registration
(1) Whoever drives a motor vehicle or cause or allows a motor vehicle to be used
in contravention of the provisions of section 39 shall be punishable for the first offence
with a fine which may extend to five thousand rupees but shall not be less than two
thousand rupees for a second or subsequent offence with imprisonment which may
extend to one year or with fine which may extend to ten thousand rupees but shall not
be less than five thousand rupees or with both:
PROVIDED that the court may, for reasons to be recorded, impose a lesser
punishment.
(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency
for the conveyance of persons suffering from sickness or injuries or for the transport of
food or materials to relieve distress or of medical supplies for a like purpose:
PROVIDED that the person using the vehicle reports about the same to the Regional
Transport Authority within seven days from the date of such use.
(3) The court to which an appeal lies from any conviction in respect of an offence
of the nature specified in sub-section (1), may set aside or vary any order made by the
court below, notwithstanding that no appeal lies against the conviction in connection
with which such order was made.
3 [Explanation : Use of a motor vehicle in contravention of the provisions of section
56 shall be deemed to be a contravention of the provisions of section 39 and shall be
punishable in the same manner as provided in sub-section (1).]
STATE AMENDMENT
Rajasthan
In its application to the State of Rajasthan, in section 192,—
(a) in sub-section (1), for the expression “with fine which may extend to two thousand
rupees” as occurring between the expression “punishable for the first offence” and
expression “and for any second or subsequent offence”substitute the expression
“with fine which shall not be less than five thousand rupees” and for the expression
with fine which may extend to three thousand rupees” as occurring between the
expression “which may extend to six months or” and the expression “or with both”
substitute the expression “with fine which shall not be less than ten thousand
rupees”, and
1. Omitted 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. Substituted by Act 54 of 1994, w.e.f. 14-11-1994.
3. Inserted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-10-2020 vide
SO 3311(E), dt. 25-9-2020.