Home  /  Motor Vehicles Act  /  Section 46

Section 46: Effectiveness in India of registration

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 45 All 217 Sections of Motor Vehicles Act Section 47

Legal Commentary & Landmark Judgments: Section 46

Section 46 of the Motor Vehicles Act, 1988 declares the pan-Indian operational validity of a certificate of registration, establishing that a vehicle registered anywhere in India is legally effective throughout the entire territory of the Union.

  • Pan-Indian Operative Validity: A motor vehicle registered by any registering authority in India carries full legal authority to be used and operated across all States and Union Territories without requiring local re-registration.
  • Protection of Free Interstate Vehicular Movement: Guarantees freedom of interstate vehicular commerce and personal transit under Article 301 and 19(1)(d), preventing States from erecting territorial licensing or registration barriers.
  • Limitation via Section 47: Pan-Indian validity remains operative indefinitely unless the vehicle is permanently removed and kept in another State for a period exceeding twelve months under Section 47.
Key Landmark Precedents:
  • State of Karnataka v. K. Gopalakrishna Shenoy (1987) 3 SCC 655: The Supreme Court held that registration under the Act is effective throughout India; liability to pay local state motor vehicle tax is linked to the vehicle being kept for use within that State, but basic registration validity remains nationwide under Section 46.
  • Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan AIR 1962 SC 1406: Foundational Constitution Bench decision upholding free interstate vehicle transit across India, which Section 46 codifies administratively.
Courtroom Practice & Strategic Litigation Guidance:

When transport authorities unlawfully seize an out-of-state private vehicle on interstate transit or temporary tourist stay, invoke Section 46. A vehicle bearing a valid certificate of registration is lawful throughout India. State authorities have no power to demand local re-registration or impound the vehicle unless they prove continuous residence exceeding 12 months under Section 47.

Section 45 All 217 Sections of Motor Vehicles Act Section 47