Motor vehicle act

RAVI SRIVASTAVA (Querist) 29 January 2021 This query is : Resolved
If apposed penalty in year 2018 Rs 100, it can be increased after new Motor Vehicle Act in the Court

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Guest (Expert) 29 January 2021
Discretion of Courts can not be questioned. Only your Humble Pleadings could succeed.

K Rajasekharan (Expert) 29 January 2021
The exact fine such as ‘Rs 100’ or with an outer limit of “up to Rs 100’ for a specified offence is prescribed in the Motor Vehicle Act itself. The court is only imposing that fine based on the law depending on the specificity or gravity of violation.

When the fine is prescribed in the law with an outer limit, the court can impose a lower amount of Rs 50 or so depending on the gravity of the offence. An offence with a lesser degree of violation will get a lower amount as fine when such a range is prescribed.

The general fine prescribed under Section 177 in the motor vehicle law for a violation not specifically prescribed with a definite fine was Rs 100 till 2019. But it was amended as up to 500 rupees in the 2019 amendment. In such a case the court can impose Rs 250 or Rs 400 but not Rs 600.

The exact phrase used in the section is “a fine which may extend to five hundred rupees”.

RAVI SRIVASTAVA (Querist) 29 January 2021
As per the Article 20(1) of constitution “20. Protection in respect of conviction for offences.- (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.”

Rajendra K Goyal (Expert) 01 February 2021
Very well explained by the expert K. Rajasekharan.

However, in case more penalty given, should be challenged.

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