You cannot drive, or allow someone to drive, a motor vehicle which has any defect which either you (owner) knows about or could have known about through ordinary care, which makes the car dangerous to other persons or vehicles1. For example, if the brakes of your vehicle are not functioning properly, your vehicle will be considered defective.
The penalties for driving a defective motor vehicle are as follows1:
- If you drive or allow anyone to drive a defective motor vehicle, then you will be punished with a fine of at least Rs. 1,500. The applicable fine amount might vary across states.
- If such a vehicle causes an accident which results in bodily injury or damage to property:
- For the first offence, you will be punished with a fine of Rs. 5,000 or jail time of up to 3 months or both. The applicable fine amount might vary across states.
- For every subsequent offence, you will be punished with a fine of up to Rs. 10,000 or jail time of up to 6 months. The applicable fine amount might vary across states.
Given below are the fine amounts for two states:
Frequency of Offence/Type of Vehicle
Fine Amount (In INR)
Driving an unsafe/defective vehicle
Driving an unsafe/defective vehicle, resulting in an accident that causes bodily injury or property damage
Any subsequent offence
Using vehicle in unsafe condition
Light Motor Vehicle, Heavy Motor Vehicle and Others
- Section 190(1), The Motor Vehicles Act, 1988.