Section 183 Motor Vehicles Act: Driving at excessive speed, etc

Section 183 of Motor Vehicles Act: Driving at excessive speed

Official Bare Act Text

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

(1) Whoever drives [or causes any person who is employed by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable [in the following manner, namely:-

(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206.] [***]

(3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical [or electronic] device.

(4) The publication of a time table under which, or the giving of any direction that any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under [sub-section (1)].

Legal Commentary & Landmark Judgments: Section 183

Section 183 of the Motor Vehicles Act, 1988 penalizes driving or permitting the driving of a motor vehicle at a speed exceeding statutory limits.

Core Legal Standard: Section 183 establishes the penal framework enforcing the speed limits notified under Section 112.
Penal Consequences & Liability: For repeat offences, sub-section (2) provides for the impounding of the driving licence under Section 206. Sub-section (3) penalizes employers or vehicle owners who cause or require their employed drivers to operate at excessive speeds, imposing heavy corporate fines to curb unrealistic commercial delivery deadlines that compromise road safety.

Key Landmark Precedents:

Ravi Kapur v. State of Rajasthan (2012) 9 SCC 284: The Supreme Court held that excessive speed in a busy or populated area creates a strong presumption of rashness and negligence, satisfying the ingredients of criminal culpability and tortious liability.
Raj Rani v. Oriental Insurance Co. Ltd. (2009) 13 SCC 654: Reaffirmed that proof of driving at excessive speed in violation of statutory speed restrictions serves as cogent evidence of negligence in motor accident compensation claims.

Legal Commentary:

Section 183 enforcement has been revolutionized by automated speed cameras, radar guns, and electronic enforcement systems under Section 136A. Electronic speed logs are admissible in evidence to substantiate reckless driving charges. Repeated speed violations under Section 183 also trigger mandatory driving licence suspension under Section 19.

Section 183: Driving at excessive speed, etc

Section 183 of Motor Vehicles Act: Driving at excessive speed

Legal Commentary & Landmark Judgments: Section 183