Section 208 in Motor Vehicles Act

Title: Summary disposal of cases

Description: (1) The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) under this Act,-- (i) may, if the offence is an offence punishable with imprisonment under this Act; and (ii) shall, in any other case, state upon the summons to be served on the accused person that he-- (a) may appear by pleader or in person; or (b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself: Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea. (2) Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, make an endorsement of such conviction on his driving licence. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub-sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.

Title: Restriction on conviction

Description: No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless-- (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or (b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (c) within twenty-eight days of the commission of the offence, a summons for the offence was served on him: Provided that nothing, in this section shall apply where the Court is satisfied that-- (a) the failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or (b) such failure was brought about by the conduct of the accused

Title: Courts to send intimation about conviction

Description: Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to-- (a) the licensing authority which issued the driving licence, and (b) the licensing authority by whom the licence was last renewed and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed.

Title: Power of State Government to increase penalties

Description: 1[210A. Power of State Government to increase penalties.--Subject to conditions made by the Central Government, a State Government, shall, by notification in the Official Gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine, shall be in force in such State and different multipliers may be applied to different classes of motor vehicles as may be classified by the State Government for the purpose of this section.] 1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019).

Title: Penalty for offence committed by an enforcing authority

Description: 1[210B. Penalty for offence committed by an enforcing authority.-- Any authority that is empowered to enforce the provisions of this Act shall, if such authority commits an offence under this Act, shall be liable for twice the penalty corresponding to that offence under this Act.] 1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019).

CHAPTER 13 OFFENCES PENALTIES AND PROCEDURE