Responsibility of owners of motor vehicles for contravention of sections 3 and 4

Q: When did Section 5 of the Motor Vehicles Act come into force?

Section 5 of the Motor Vehicles Act, cited as MV Act 5, 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 15 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989 Cited by 1 provision Instruments 4

Section 5 of the Motor Vehicles Act, 1988 deals with responsibility of owners of motor vehicles for contravention of sections 3 and 4. No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle. The Act came into force on 01 Jul 1989.

No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.
Section 5, 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

Referred to by 1

s. 84 General conditions attaching to all permits

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.

Chairman, R. S. R. T. C. vs Santosh

Supreme Court of India 10 May 2013 Binding (SC) - Landmark precedent establishing nationwide binding interpretation Reportable

Court's Decision & Legal Precedent

A vehicle is a motor vehicle under Section 2(28) of the Motor Vehicles Act, 1988 if it is mechanically propelled and adapted for use upon roads, regardless of its primary purpose or actual use. The test is the vehicle's suitability for road use and mechanical propulsion, not whether it is primarily used for agriculture or other purposes. Accordingly, Jugaads are motor vehicles subject to all provisions of the Act including registration, insurance, and driver licensing requirements, unless specifically exempted by state notification for vehicles exclusively used for agricultural purposes with appropriate specifications. This classification is enforceable through statutory authority actions, and the Supreme Court may issue directions to ensure compliance with existing law to address public safety concerns and legislative gaps.

On this section: Responsibility of vehicle owners for contravention of Sections 3 and 4; places duty on Jugaad owners to ensure driver licensing compliance

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.

Made under this section, and citing it

2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 5

What have the courts held on Section 5 of the Motor Vehicles Act?

Chairman, R. S. R. T. C. vs Santosh (10 May 2013) is the leading judgment on this section among those set out below: Responsibility of vehicle owners for contravention of Sections 3 and 4; places duty on Jugaad owners to ensure driver licensing compliance.

How do I find court cases under Section 5 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 5, section 5 MV Act, section 5 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 Chairman, R. S. R. T. C. vs Santosh (10 May 2013).

What should I read with Section 5 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), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently SO 1433(E) dated 31.03.2021 implementation of sections of MV act2019 (2021), then SO 3110(E) dated 28.08.2019 enforcement of sections of motor vehicle (2019).

When did Section 5 of the Motor Vehicles Act come into force?

Section 5 of the Motor Vehicles Act, cited as MV Act 5, 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 15 Oct 2026. This page is not a substitute for legal advice.