Section 190 — Using vehicle in unsafe condition

(Z) In section 190, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:— “(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be liable for penalty of five thousand rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to six months, or with fine of five thousand rupees, or with both; and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with a fine of ten thousand rupees, for bodily injury or damage to property. (2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed,— (i) in relation to road safety or control of air-pollution, shall be liable for the first contravention with penalty which may extend to ten thousand rupees and he shall be disqualified for holding licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both; or (ii) in relation to noise pollution, shall for the first contravention be issued a warning recorded in such manner as may be prescribed by the Central Government, and for any second or subsequent contravention with penalty which may extend to ten thousand rupees.”.