(1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months, or with fine [of five thousand rupees], or with both:
Provided that no person shall be convicted under this section, if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor .
(2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine [of five thousand rupees], or with both.
(3) Whoever attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) or, as the case may be, sub-section (2).
Legal Commentary & Landmark Judgments: Section 197
Section 197 of the Motor Vehicles Act, 1988 criminalizes taking and driving away a motor vehicle without the owner's consent or lawful authority (commonly known as vehicular joyriding), establishing penal sanctions while maintaining third-party insurance protections for innocent road accident victims.
In MACT defences where an insurer argues that the vehicle was taken without authority under Section 197 (by a friend, relative, or garage employee), claimants' counsel should cite Skandia and Guru Govekar to establish that unauthorized taking without the owner's active connivance does not exonerate the insurer from its statutory third-party indemnity.