Page 168 - The Motor Vehicles Act, 1988

154 THE MOTOR VEHICLES ACT, 1988 SECTION 198A

197. Taking vehicle 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
1
imprisonment which may extend to three months, or with fine [of five thousand rupees],
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 exercises control of a motor vehicle, shall be punishable with
1
imprisonment which may extend to three months, or with fine [of five thousand ruees],
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. Unauthorised interference with vehicle

Whoever otherwise than with lawful authority or reasonable excuse enters or
mounts any stationary motor vehicle or tampers with the brake or any part of the
2
mechanism of a motor vehicle shall be punishable [with fine of one thousand rupees].
3 [198A. Failure to comply with standards for road design, construction and
maintenance
(1) Any designated authority, contractor, consultant or concessionaire responsible
for the design or construction or maintenance of the safety standards of the road shall
follow such design, construction and maintenane standards, as may be prescribed by
the Central Government from time to time.
(2) Where failure on the part of the designated authority, contractor, consultant or
concessionaire responsible under sub-section (1) to comply with standards for road
design, construction and maintenance, results in death or disability, such authority or
contractor or consessionaire shall be punishable with a fine which may extend to one
lakh rupees and the same shall be paid to the Fund constituted under section 164B.
(3) For the purposes of sub section (2), the court shall in particular have regard to
the following matters namely:—
(a) the characteristics of the road, and the nature and type of traffic which
was resonably expected to use it as per the design of road;
(b) the standard of maintenance norms applicable for a road of that character
and use by such traffic;

1. Substituted for “which may extend to five hundred 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. Substituted for “with fine which may extend to one hundred rupees”, ibid.
3. Inserted, ibid.