This site is under development, some of the functionalities may not work properly.
Arindam Sengupta
in Civil Law
Asked May 11, 2017

Booked by traffic police

  • 2 Answers
  • 620 Views

Day before yesterday at 5 p.m., I was booked by a traffic sergeant in Kolkata for violating a one-way restriction. I had indeed overlooked the road sign by mistake. He wrote fine of Rs. 2000/- under Section 115/194 on a form that lists MVA, 1988, WBMVR, 1989 & CMVR, 1989. Then he gave me a copy of the filled-in form and confiscated my driving licence. Now it seems Sections 115 and 194 pertain not to traffic violations but quite different things in both WBMVR, 1989 (see e.g. https://wbxpress.com/wp-content/uploads/2013/09/WB-MOTOR-VEHICLE-RULES-1989.pdf) and CMVR, 1989 (see e.g. http://www.tn.gov.in/sta/Cmvr1989.pdf). Thus it appears that only MVA, 1988 might apply. But as per the link http://www.indiandrivingschools.com/traffic-offences-and-penalties.php given in the blog post http://lawfarm.in/blogs/fines-and-penalties-for-traffic-violations-in-india dealing with traffic violations on your site, as also several other websites, even in MVA, 1988 it is not Sections 115/194 that apply for violations of one-way restrictions but Section 177 and the fine is just Rs. 100/-. Could you please advise what my course of action should be? Thanking in anticipation, Arindam Sengupta Kolkata

Answers 2

The fine imposed is correct as per new amended Act/Rules. Please go through attached link.

http://www.wbtrafficpolice.com/offences-and-penalties.php

 

Driving vehicles in violation of restriction (No Entry Violation) 115 194 (1) Rs. 2000/- Rs. 3000/- Rs. 5000/- ----
Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Arindam Sengupta
    Thanks, Sir. Only, how different states can arbitrarily interpret the same MVA 1988 remains hard to understand. Looks like everywhere else like in Mumbai, Delhi etc. one-way violation is treated under Section 177.
    Agree 0 Agrees almost 4 years ago


S. 115[1] and S. 194[2] of the MVA can rightly be applied in this case. As per S. 115, the driving of motor vehicles may be prohibited or restricted either generally in a specified area or on a specified road.  Hence, this case attracts S. 115 as the One-Way restriction may be imposed under the ambit of this provision. S. 194 of the MVA penalizes whoever drives a motor vehicle in contravention of the provisions of S. 115, in the form of a fine which may extend to Rs. 2,000. Hence, in the present case a fine of Rs. 2,000 may be imposed under S.115 r.w. S. 194 of the MVA, for contravention of the One-Way restriction. 

 

 

[1] Available at: https://indiankanoon.org/doc/1631786/.

[2] Available at: https://indiankanoon.org/doc/132499746/.

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Arindam Sengupta
    Dear Sir, Thanks for your advice. It appears however that S 194 of MVA refers to commercial vehicles. Indeed that is the interpretation of other states like Delhi, Maharashtra, Bihar etc. They apply S. 177 of MVA to one-way violations. It remains how different states can interpret the same provisions of MVA, 1989 differently. Thanks again. Best regards, Arindam Sengupta
    Agree 0 Agrees almost 4 years ago


Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.