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Section 1: Short title, extent and commencement

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1988
All 217 Sections of Motor Vehicles Act Section 2

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Motor Vehicles Act, 1988 establishes the short title, universal pan-Indian territorial extent, and statutory commencement of Act No. 59 of 1988, replacing the pre-constitutional Motor Vehicles Act, 1939 with a modern regulatory, licensing, and social-welfare compensation framework.

  • Universal Pan-Indian Territorial Jurisdiction: Extends to the whole of India; following the enactment of the Jammu and Kashmir Reorganisation Act, 2019, its regulatory and compensatory provisions apply uniformly across all States and Union Territories without territorial reservation.
  • Statutory Commencement and Repeal Architecture: Enacted by Parliament on 14th October 1988 and brought into force on 1st July 1989 pursuant to Central Government notification S.O. 368(E), completely repealing and replacing Act No. 4 of 1939 pursuant to Section 217.
  • Beneficial Social-Welfare and Regulatory Nexus: Operates as a comprehensive regulatory code balancing vehicular standardisation, driver competency, and compulsory insurance with a benevolent social-security framework for compensating motor accident victims under Chapters XI and XII.
Key Landmark Precedents:
  • Deepal Girishbhai Soni v. United India Insurance Co. Ltd. (2004) 5 SCC 385: A 3-Judge Bench of the Supreme Court held that the Motor Vehicles Act, 1988 is a beneficial social-welfare legislation enacted to provide expeditious financial relief to road accident victims; its provisions must receive a purposive, liberal construction that advances the remedy rather than a pedantic interpretation defeating claims.
  • M.K. Kunhimohammed v. P.A. Ahmedkutty (1987) 4 SCC 284: The Supreme Court highlighted systemic deficits in the 1939 Act regarding delayed compensation and inadequate insurance coverage, which directly catalyzed the Law Commission's recommendations and the enactment of the comprehensive 1988 Act.
  • State of Haryana v. Darshana Devi (1979) 2 SCC 236: The Supreme Court affirmed that claims tribunals under motor vehicle legislation must apply social justice principles, rejecting narrow procedural technicalities that impede impoverished claimants from accessing statutory compensation.
Courtroom Practice & Strategic Litigation Guidance:

In MACT claim petitions and appellate disputes before High Courts, invoke Section 1 r/w Deepal Girishbhai Soni to repel preliminary procedural objections raised by insurers. Emphasize the benevolent character of the enactment to persuade the Tribunal to condone procedural lapses, adopt a preponderance of probability standard, and ensure liberal assessment of statutory compensation.

All 217 Sections of Motor Vehicles Act Section 2