Section 182: Offences relating to licences
Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Motor Vehicles Act • Official Statutory Text & Practice Guide
(1) Whoever, being disqualified under this Act for holding or obtaining a driving licence, drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine [of ten thousand rupees] or with both, and any driving licence so obtained by him shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a conductors licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductors licence or, not being entitled to have a conductors licence issued to him free of endorsement, applies for or obtains a conductors licence without disclosing the endorsements made on a conductors licence previously held by him, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to [ten thousand rupees], or with both, and any conductors licence so obtained by him shall be of no effect. [182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components. - (1) Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both: Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder.
(2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both.
(3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both.
(4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both. [182B. Punishment for contravention of section 62A. - Whoever contravenes the provisions of section 62A, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees.]
Legal Commentary & Landmark Judgments: Section 182
Section 182 of the Motor Vehicles Act, 1988 criminalizes serious offences relating to driving licences, penalizing individuals who drive while disqualified, obtain licences through fraud or material suppression, or unlawfully hold multiple licences, backed by stringent post-2019 enhanced financial penalties and imprisonment.
In MACT claim defences, insurers cannot merely file a police charge-sheet showing prosecution under Section 182 to evade liability. The insurer must independently examine the RTO licensing official to prove that the licence was fake or disqualified and lead affirmative evidence that the vehicle owner had actual knowledge of the disqualification.