Section 136 Motor Vehicles Act: Inspection of vehicle involved in accident

Section 136 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:

Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned [after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours.] [136A. Electronic monitoring and enforcement of road safety. - (1) The State Government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed by the Central Government.

(2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology.

Explanation.— For the purpose of this section the expression "body wearable camera" means a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.

Legal Commentary & Landmark Judgments: Section 136

Section 136 of the Motor Vehicles Act, 1988 empowers authorized State officers to enter premises, seize, and mechanically inspect vehicles involved in accidents, mandating return to the custodian within 24 hours, and anchors Section 136A electronic road safety enforcement (speed cameras, CCTV, and body cameras).

Statutory Inspection & Entry Powers: Empowers any person authorized by the State Government (typically Motor Vehicle Inspectors or designated police technical officers) to enter premises at reasonable times to inspect any vehicle involved in a road accident.
Mandatory Intimation & 24-Hour Return Mandate: Requires immediate intimation to the vehicle owner regarding the inspection venue and imposes a mandatory statutory command that the vehicle must be returned within 24 hours following the completion of statutory inspection formalities.
Electronic Enforcement Integration (Section 136A): Coupled with Section 136A (introduced by the 2019 amendment), which mandates electronic monitoring and road safety enforcement on national highways, state highways, and urban roads via speed cameras, speed guns, CCTV, and body-wearable cameras.

Key Landmark Precedents:

Premlata Shukla v. M.P. State Road Transport Corp. (2003) 3 SCC 741: The Supreme Court affirmed that the Motor Vehicle Inspector's mechanical inspection report prepared under Section 136 is a vital public document forming part of criminal investigation records; once brought on record, its mechanical findings regarding brake efficiency and impact damage must be evaluated in their entirety.
Bimla Devi v. Himachal Road Transport Corp. (2009) 13 SCC 530: The Supreme Court held that in motor accident compensation claims, claimants are not required to prove negligence beyond reasonable doubt; mechanical inspection reports showing fresh impact damage and bumper deformation corroborate the claimant's testimony on the touchstone of preponderance of probabilities.

Courtroom Practice & Strategic Litigation Guidance:

In MACT trials, obtain a certified copy of the Motor Vehicle Inspector's (MVI) Inspection Report under Section 136 immediately. Scrutinize the MVI's findings regarding steering play, brake efficiency, and headlight integrity to decisively refute the driver's standard defense of sudden mechanical failure or brake slippage.

Section 136: Inspection of vehicle involved in accident

Section 136 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 136