Power to detain vehicles used without certificate of registration permit, etc
Section 207 of the Motor Vehicles Act, 1988 deals with power to detain vehicles used without certificate of registration permit, etc. Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section The Act came into force on 01 Jul 1989.
(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.
(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.
STATE AMENDMENT
Rajasthan
Amendment of Section 207, Central Act 59 of 1988.—In the proviso to sub-section (1) of Section 207 of the principal Act, the expression “or without the permit required by sub- section (1) of Section 66” as occurring between the expression “Section 3 or section 4” and the expression “he may” shall be deleted.
[Vide Rajasthan Act 2 of 1993, s. 3.]
Section 207, 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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of West Bengal vs Mani Bhushan Kumar
Court's Decision & Legal Precedent
A temporary permit issued under Section 87 Motor Vehicles Act by State Transport Authority of one state to be valid in another state requires 'concurrence' (given generally or for the particular occasion) from the appropriate authority of the other state. Mere issuance by the originating state is insufficient. In the absence of such concurrence at or before the time of permit issuance, counter-signature by the receiving state's authority becomes mandatory. The vehicle operating without such counter-signature is in violation of Section 66(1) Motor Vehicles Act and is subject to seizure under Section 207. However, when the issuing authority has exceeded the reciprocal quota and the vehicle owner has diligently sought counter-signature, equity and fairness require waiving penalties even while enforcing tax recovery.
On this section: Power to seize and detain vehicles. Court held that seizure was proper exercise of this power when vehicle was operating without valid permit in contravention of Section 66(1).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 207
What have the courts held on Section 207 of the Motor Vehicles Act?
State of West Bengal vs Mani Bhushan Kumar (11 Oct 2011) is the leading judgment on this section among those set out below: Power to seize and detain vehicles. Court held that seizure was proper exercise of this power when vehicle was operating without valid permit in contravention of Section 66(1).
How do I find court cases under Section 207 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 207, section 207 MV Act, section 207 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of West Bengal vs Mani Bhushan Kumar (11 Oct 2011).
What should I read with Section 207 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 3 (Necessity for driving licence), section 4 (Age limit in connection with driving of motor vehicles), section 39 (Necessity for registration), section 66 (Necessity for permits), so none of them can safely be read on its own.
When did Section 207 of the Motor Vehicles Act come into force?
Section 207 of the Motor Vehicles Act, cited as MV Act 207, 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 15 Oct 2026. This page is not a substitute for legal advice.