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The Motor Vehicles Act, 1988

209. Restriction on conviction.

No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted


  1. He was warned at the time the offence was committed that the question   of prosecuting   him   would   be   taken   into consideration, or
  2. Within fourteen days from the commission of the offence, a notice  specifying the  nature of  the offence and the time and place where it is alleged to have been committed was served on or sent by  registered post  to him  or the person registered as the owner of  the vehicle  at the  time  of  the  commission  of  the offence, or
  3. Within twenty-eight days of the commission of the offence, a summons for the offence was served on him:

Provided that nothing, in this section shall apply where the Court is satisfied that--

  1. the  failure to  serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or
  2. Such failure was brought about by the conduct of the accused.

Motor Vehicles Act, 1988 Back

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