Restriction on conviction
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Summary
Conviction for an offence under sections 183 or 184 is barred unless one of three things happened: the accused was warned at the time, a notice specifying the offence and the time and place was served or sent by registered post within 14 days to the accused or to the registered owner, or a summons was served within 28 days. If none of these steps occurred, the court must not convict. The bar does not apply if the court finds the name and address could not have been ascertained with reasonable diligence, or if the accused’s conduct caused the failure to serve.
Example
Priya knocked down a roadside sign while driving. She was not warned at the time, but the police sent a registered notice within ten days to the vehicle’s registered owner describing the offence, time and place. Because the notice was properly sent in time, she can be prosecuted and convicted.
Bare Act
Enacted textNo person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless—
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(a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or
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(b) 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
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(c) 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— -
(a) 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
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(b) such failure was brought about by the conduct of the accused.
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