Driving at excessive speed, etc
AI Assist
Summary
Driving above the speed limits in section 112 attracts a fine up to Rs 400, and a repeat conviction after a prior conviction under this sub-section can attract up to Rs 1,000. A person who causes an employee or someone under their control to drive above those limits faces a fine up to Rs 300, rising to Rs 500 for repeat conviction. One witness's mere opinion that someone was speeding cannot alone support conviction unless that opinion is based on an estimate from a mechanical device. Publishing a timetable or ordering a journey to be finished in a time the court finds impracticable without speeding is prima facie evidence against the publisher or director.
Example
Rohan is stopped after a lone witness says he was driving over the speed limit. He cannot be convicted only on that witness's opinion unless the witness shows the speed estimate was based on a mechanical device; otherwise the prosecution must produce more evidence.
Bare Act
Enacted text(1) Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees.
(2) Whoever causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupees.
(3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device.
(4) The publication of a time table under which or the giving of any direction that any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub-section (2).
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