Section 112: Limits of speed

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 112

Section 112 of the Motor Vehicles Act, 1988 empowers Central and State Governments to prescribe maximum and minimum speed limits for different classes of motor vehicles and designated road corridors.

  • Speed Governance & Road Safety: Section 112 establishes the statutory foundation for vehicular speed regulation to safeguard human life.
  • Sub-Section (1) Provision: Sub-section (1) provides that no person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed limit or below any minimum speed limit fixed for the vehicle or the area under this Act.

Sub-section (2) empowers the Central Government to notify national maximum speed limits for different categories of motor vehicles (such as expressways, national highways, and urban roads), while sub-section (3) and (4) authorize State Governments and local authorities to impose localized speed restrictions based on road geometry, urban congestion, school zones, or accident-prone corridors. Exceeding speed limits is punishable under Section 183.

Key Landmark Precedents:
  • Raj Rani v. Oriental Insurance Co. Ltd. (2009) 13 SCC 654: The Supreme Court held that driving at a speed exceeding statutory speed limits laid down under Section 112 constitutes prima facie evidence of rash and negligent driving, justifying an apportionment of contributory negligence in motor accident claims.
  • Bimla Devi v. Himachal Road Transport Corp. (2009) 13 SCC 530: Held that in civil claims before MACT, excessive speed and negligence need not be proved beyond reasonable doubt; proof based on preponderance of probabilities drawn from skid marks, impact damage, and road conditions is sufficient.
Legal Commentary:

Speed limit compliance is central to establishing or refuting negligence in MACT trials. While insurance companies cannot repudiate third-party liability merely on the ground that the driver exceeded the speed limit, proving speed limit violations helps claimants establish actionable tortious negligence under Section 166. Furthermore, electronic speed-trap data captured under Section 136A now serves as primary documentary evidence in accident inquiries.