Motor Vehicles Act: Section 198 – Unauthorised interference with vehicle

Whoever, otherwise than with lawful authority or reasonable excuse, enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with a fine which may extend to one hundred rupees.

Simplified Explanation

Section 198 of the Motor Vehicles Act deals with the offence of unauthorized interference with a vehicle. This section penalizes individuals who interfere with a motor vehicle without proper authority, which can include actions such as tampering, damaging, or otherwise meddling with a vehicle that does not belong to them. The goal is to protect the rights of vehicle owners and prevent unauthorized individuals from interfering with vehicles in a way that could cause harm, damage, or misuse.

Overview of Section 198

This section penalizes:

  1. Any interference with a vehicle without the consent of the vehicle’s owner or the person in charge of the vehicle.
  2. Acts that involve tampering, meddling, or causing damage to a vehicle without proper authority.

Key Elements of Section 198

  1. Offence of Unauthorized Interference:
    • It is an offence for any individual to interfere with a motor vehicle without the authorization of the vehicle owner or the person responsible for it.
    • Interference can include a variety of actions such as:
      • Tampering with vehicle parts or components.
      • Damaging the vehicle in any way.
      • Obstructing the use of the vehicle or altering its settings.
      • Attempting to gain access to the vehicle without permission.
    • This covers cases of vandalism, attempts to alter the vehicle’s functioning, or unauthorized attempts to move or use the vehicle.
  2. Penalties for Unauthorized Interference:
    • The penalty for unauthorized interference with a motor vehicle includes:
      • A fine of up to ₹100, or
      • Imprisonment for a term which may extend to one month, or
      • Both imprisonment and a fine.
    • These penalties are meant to act as a deterrent against unauthorized tampering with vehicles and to protect vehicle owners from potential harm or misuse.
  3. Protecting Vehicle Integrity:
    • This section ensures that the integrity and functionality of a vehicle are protected by law, and unauthorized individuals are prevented from interfering with it.
    • Tampering with a vehicle could result in damage, create safety risks, or cause inconvenience to the owner, and this section aims to minimize those risks.
  4. Applies to All Motor Vehicles:
    • The provision applies to all types of motor vehicles, whether they are privately owned, commercially used, or public transport vehicles. The law ensures that any vehicle owner has legal protection against unauthorized interference.
  5. Accountability for Actions:
    • Individuals who tamper with vehicles without proper authorization, whether out of mischief, malice, or other reasons, are held accountable under this section. The offence covers both intentional damage and other forms of interference that affect the vehicle’s operation.

Practical Implications

  • Protection for Vehicle Owners: Section 198 provides legal recourse for vehicle owners if someone interferes with their vehicle without permission. Whether it involves minor tampering or more significant damage, the owner can seek penalties against the person responsible.
  • Deterring Vandalism and Tampering: By imposing fines and imprisonment, this section acts as a deterrent against acts of vandalism, tampering, or unauthorized access to vehicles. It ensures that individuals think twice before meddling with a vehicle that is not theirs.
  • Ensuring Public Safety: Interfering with the functioning of a vehicle can pose serious safety risks, especially if the vehicle is tampered with in a way that affects its braking system, steering, or other critical components. This section helps to prevent accidents caused by tampered vehicles.
  • Accountability for Mischief: This section holds individuals accountable for mischief or malice that involves interfering with a vehicle. It ensures that those who tamper with vehicles, even in minor ways, face legal consequences.

Conclusion

Section 198 of the Motor Vehicles Act imposes penalties for unauthorized interference with a motor vehicle, including tampering, damaging, or obstructing the vehicle’s use. By enforcing fines and imprisonment, this section protects vehicle owners from potential harm, ensures the integrity and safety of vehicles, and deters acts of mischief or vandalism. The provision plays a crucial role in safeguarding vehicles from unauthorized access and interference, ensuring that only those with proper authority can handle or modify them.

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