Taking vehicle without authority
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Summary
Taking or driving a motor vehicle without the owner’s consent or lawful authority is punishable with up to three months imprisonment, a fine up to Rs.500, or both. The same punishment applies where a person seizes or controls a vehicle by force, threat, or intimidation. Attempting or abetting these acts is also an offence. No conviction will follow if the court believes the person reasonably thought they had lawful authority or the owner would have consented.
Example
Priya takes her neighbour’s scooter without asking to rush an ill child to hospital because she reasonably believes the neighbour would have agreed. If charged, the court may refuse to convict her if it accepts that reasonable belief. If instead she had seized the scooter by force, she could still be punished under this provision.
Bare Act
Enacted text(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 which may extend to five hundred 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 which may extend to five hundred 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).
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