MVA Section 209: Restriction on conviction
Motor Vehicles Act, 1988 · Chapter 13: OFFENCES, PENALTIES AND PROCEDURE
¶209. Restriction on conviction.—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.
Study: explanations and related material
Official reference: India Code, Government of India — edition as on 15 August 2026 — source review: 2 October 2026.Recorded edition / snapshot date: 2026-08-15.Banaka reference transcription, not an official or certified edition. General central text: regional amendment blocks are not consolidated. This edition includes Jan Vishwas 2026 changes effective 15 August 2026. Amendment brackets are retained; footnotes and superscript reference numerals are excluded. Consult the complete government PDF for schedules, amendment notes and authoritative wording. State rules and notifications may differ. Hindi guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 177. General provision for punishment of offences
- 177A. Penalty for contravention of regulations under section 118
- 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
- 179. Disobedience of orders, obstruction and refusal of information
- 180. Allowing unauthorised persons to drive vehicles
- 181. Driving vehicles in contravention of section 3 or section 4
- 182. Offences relating to licences
- 182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
- 182B. Penalty for contravention of section 62A
- 183. Driving at excessive speed, etc
- 184. Driving dangerously
- 185. Driving by a drunken person or by a person under the influence of drugs
- 186. Driving when mentally or physically unfit to drive
- 187. Punishment for offences relating to accident
- 188. Punishment for abetment of certain offences
- 189. Racing and trials of speed
- 190. Using vehicle in unsafe condition
- 191. [Omitted]
- 192. Using vehicle without registration
- 192A. Using vehicle without permit
- 192B. Offences relating to registration
- 193. Punishment of agents, canvassers and aggregators without proper authority
- 194. Driving vehicle exceeding permissible weight
- 194A. Carriage of excess passengers
- 194B. Use of safety belts and the seating of children
- 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders
- 194D. Penalty for not wearing protective headgear
- 194E. Failure to allow free passage to emergency vehicles
- 194F. Use of horns and silence zones
- 195. [Omitted]
- 196. Driving uninsured vehicle
- 197. Taking vehicle without authority
- 198. Unauthorised interference with vehicle
- 198A. Failure to comply with standards for road design, construction and maintenance
- 199. Offences by companies
- 199A. Offences by juveniles
- 199B. Revision of fines and penalties
- 200. Composition of certain offences
- 201. Penalty for causing obstruction to free flow of traffic
- 202. Power to arrest without warrant
- 203. Breath tests
- 204. Laboratory test
- 205. Presumption of unfitness to drive
- 206. Power of police officer to impound document
- 207. Power to detain vehicles used without certificate of registration permit, etc
- 208. Summary disposal of cases
- 210. Courts to send intimation about conviction
- 210A. Power of State Government to increase fines or penalties
- 210B. Penalty for offence committed by an enforcing authority
- 210C. Power of Central Government to make rules
- 210D. Power of State Government to make rules