Page 171 - The Motor Vehicles Act, 1988

SECTION 202 THE MOTOR VEHICLES ACT, 1988 157

1
[PROVIDED that the State Government may, in addition to such amount, require
the offender to undertake a period of community service.]
(2) Where an offence has been compounded under sub-section (1), the offender, if
in custody, shall be discharged and no further proceedings shall be taken against him
in respect of such offence:
1 [PROVIDED that, notwithstanding compounding under this section, such offence
shall be deemed to be a previous commission of the same offence for the purpose of
determining whether a subsequent offence has been committed:
PROVIDED FURTHER that compounding of an offence will not discharge the
offender from proceedings under sub-section (4) of section 206 or the obligation to
complete a driver refresher training course, or the obligation to complete community
service, if applicable.]
201. Penalty for causing obstruction to free flow of traffic
2
(1) Whoever keeps a [xxx] vehicle on any public place, in such a manner, so as to
3
cause impediment to the free flow of traffic, shall be liable for penalty up to [five hundred
rupees], so long as it remains in that position:
PROVIDED that the vehicle involved in accidents shall be liable for penalty only
from the time of completion of inspection formalities under the law:
5
4 [PROVIDED FURTHER that where the vehicle is removed by [an agency
authorised by the Central Government or State Government, removal charges] shall be
recovered from the vehicle owner or person in-charge of such vehicle.]
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6 [(2) Penalties or [removal charges] under this section shall be recovered by such
officer or authority as the State Government may, by notification in the Official Gazette,
authorise.]
1 [(3) Sub-section (1) shall not apply where the motor vehicle has suffered an
unforeseen breakdown and is in the process of being removed.
Explanation : For the purposes of this section, “removal charges“ includes any
costs involved in the removal of the motor vehicle from one location to another and also
includes any costs related to storage of such motor vehicle.]
202. Power to arrest without warrant
(1) A police officer in uniform may arrest without warrant any person who in his
presence commits an offence punishable under section 184 or section 185 or section 197:
PROVIDED that any person so arrested in connection with an offence punishable
under section 185 shall, within two hours of his arrest, be subject to a medical examination
referred to in sections 203 and 204 by a registered medical practitioner failing which he
shall be released from custody.

1 Inserted 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. Word “disabled” omitted, ibid.
3. Substituted for “fifty rupees per hour”, ibid.
4 Inserted by Act 54 of 1994, w.e.f. 14-11-1994.
5. Substituted for “a Government Agency, towing charges” 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.
6 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.
7. Substituted for “towing charges” 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.