Section209

The Motor Vehicles Act, 1988

Restriction on conviction

Q: When did Section 209 of the Motor Vehicles Act come into force?

Section 209 of the Motor Vehicles Act, cited as MV Act 209, 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.

In force From 01 Jul 1989 Act 59 of 1988 As on 14 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989

Section 209 of the Motor Vehicles Act, 1988 deals with 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, The Act came into force on 01 Jul 1989.

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.
Section 209, 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.

This section refers to

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.

The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas

Supreme Court of India 04 Oct 2019 Binding (SC) Reportable (2019) 10 SCC 1

Court's Decision & Legal Precedent

A prosecution, if otherwise maintainable, would lie both under the Indian Penal Code and the Motor Vehicles Act, 1988, since both the statutes operate with full vigour in their own independent spheres. The offences provided under both the statutes are separate and distinct from each other, and an offender can be tried and punished independently under both statutes. The principle that the special law should prevail over the general law has no application in cases of prosecution of offenders in road accidents under the IPC and Motor Vehicles Act, as the offences do not overlap. Section 26 of the General Clauses Act, 1897 permits prosecution under either or both enactments but prevents double punishment for the same offence.

On this section: Restriction on conviction; requires warning, notice or summons for conviction under Sections 183 or 184

Read the full order on eCourts India

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 209

What have the courts held on Section 209 of the Motor Vehicles Act?

The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas (04 Oct 2019) is the leading judgment on this section among those set out below: Restriction on conviction; requires warning, notice or summons for conviction under Sections 183 or 184.

How do I find court cases under Section 209 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 209, section 209 MV Act, section 209 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 The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas (04 Oct 2019).

What should I read with Section 209 of the Motor Vehicles Act, and has it changed?

Its own text turns on section 183 (Driving at excessive speed, etc), section 184 (Driving dangerously), so none of them can safely be read on its own.

When did Section 209 of the Motor Vehicles Act come into force?

Section 209 of the Motor Vehicles Act, cited as MV Act 209, 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

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.