Using vehicle in unsafe condition
Section 190 of the Motor Vehicles Act, 1988 deals with using vehicle in unsafe condition. First offence: Imprisonment up to three months, or a fine of ₹1,500, or both. Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a sourc The Act came into force on 01 Jul 1989.
(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine 1[of one thousand five hundred rupees] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property].
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with 4[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with 5[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both].
(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 6[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine 7[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both.
Section 190, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… Though PW-15 inspected the car bearing No.GA-08-F-3312, but nowhere whispered anything about the specific defects in the vehicle that violates prescribed road safety, noise or air pollution standards, hence prosecution has not proved the ingredients of section 190(2) of Motor Vehicles Act. 29. Criminal rashness consists in hazarding a dangerous or wanton Act with the knowledge that it is so, and that it may cause injury, but without intention to cause injury or knowledge that it will probably cause. The criminality lies in running the risk of doing such an act with …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 190
What does Section 190 of the Motor Vehicles Act deal with?
Section 190 of the Motor Vehicles Act is headed "Using vehicle in unsafe condition". Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a sourc
How do I find court cases under Section 190 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 190, section 190 MV Act, section 190 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 190 of the Motor Vehicles Act, and has it changed?
2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently 13th G.S.R 410(E) dated 14.06.2021 standardization of PUCC (2021).
When did Section 190 of the Motor Vehicles Act come into force?
Section 190 of the Motor Vehicles Act, cited as MV Act 190, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.