Motor Vehicles Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 189 of Motor Vehicles Act: Racing and trials of speed
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to [three months], or with a fine [of five thousand rupees], or with both [and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.].
Section 189 of the Motor Vehicles Act, 1988 strictly prohibits vehicular racing and trials of speed on public roads without the express written consent of the State Government, imposing severe penal sanctions of imprisonment and enhanced fines to suppress organized street racing and stunt driving.
Statutory Prohibition on Unauthorised Speed Trials: Prohibits any person from permitting, organizing, or taking part in any race or trial of speed between motor vehicles in any public place without prior written consent from the State Government.
Stringent Penal Sanctions (Post-2019 Amendment): Section 189(1) imposes imprisonment for up to three months, or a fine of ₹5,000, or both for a first offence, and imprisonment for up to one year, or a fine of ₹10,000, or both for any second or subsequent conviction.
Requisite Elements of State Permission: Written consent of the State Government requires formal administrative notification, safety barricading, emergency medical deployment, and public traffic diversion to be legally valid.
Key Landmark Precedents:
Ravi Kapur v. State of Rajasthan (2012) 9 SCC 284: The Supreme Court held that driving at an uncontrolled, excessive speed on public streets without regard to pedestrian safety constitutes reckless and dangerous driving, where the doctrine of res ipsa loquitur squarely applies to establish tortious and criminal negligence.
Jacob Mathew v. State of Punjab (2005) 6 SCC 1: The Supreme Court held that engaging in high-risk, illegal vehicular conduct on public roads exhibits gross reckless disregard for human life, satisfying the elevated threshold of criminal negligence under Section 304A IPC.
Courtroom Practice & Strategic Litigation Guidance:
Where an accident occurs during illegal street racing, file the FIR under Section 189 MV Act along with Section 279/304A IPC (or BNS equivalents). In the MACT claim, plead Section 189 to invoke the doctrine of res ipsa loquitur, which shifts the entire burden onto the racing driver and vehicle owner to disprove gross negligence.
Legal Commentary & Landmark Judgments: Section 189
Section 189 of the Motor Vehicles Act, 1988 strictly prohibits vehicular racing and trials of speed on public roads without the express written consent of the State Government, imposing severe penal sanctions of imprisonment and enhanced fines to suppress organized street racing and stunt driving.
Where an accident occurs during illegal street racing, file the FIR under Section 189 MV Act along with Section 279/304A IPC (or BNS equivalents). In the MACT claim, plead Section 189 to invoke the doctrine of res ipsa loquitur, which shifts the entire burden onto the racing driver and vehicle owner to disprove gross negligence.