Punishment for overspeed under section183(1) of traffic rules

03-May-2023 (In Civil Law)
183(1)...overspeed first offence (70km/hr)... Rs 400 fine... Paid but police says license will be suspended for 3 months on top of it right?
Answers (3)

Answer #1
965 votes
You have already paid fine for overspeed next offence you have to paid rs your license will not be suspended for advice is that you better take advice of lawyer on this regard.
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Answer #2
540 votes
After THE MOTOR VEHICLES (AMENDMENT) BILL, 2017, In section 183 of the principal Act, for the words "with fine which extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees", the following shall be substituted, namely:—"in the following manner, namely:— (i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of sub-section (4) of section 206.". Amended Section 206(4) provides that A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19: Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him. Hence your license has been seized. If you can prove any irregularity from the aforesaid clause, you can pray for return of your license on that ground. All the best. Regards

Answer #3
902 votes

You have a case already gone through in Principal Chief Conservator of Forests v. J.K. Johnson, (2011) 10 SCC 794 where it has been stated clearly that:

The petitioner had compounded the alleged offence upon payment of fine of Rs.400/- and therefore, the suspension of licence for the same offence amounts to double jeopardy. Once the offence has been compounded by payment of challan, the offender stands discharged and no further proceedings can be taken against such a person. Any further proceedings under the Motor Vehicle Act after composition are expressly prohibited by Section 200(2) of Motor Vehicles Act. Reference is also made to sub-Section (8) of Section 320 of the Code of Criminal Procedure which clearly prescribes the effect of composition of an offence namely, the acquittal of the accused with whom the offence has been compounded.

Hence as soon as you paid the fine imposed upon you the offence is compounded, if after the same your licence is suspended it will be double jeopardy against you by the State. You can file a complaint at the appellate authority and/or file a writ against the State for such infringement. You may consult me with prior appointment for taking proper recourse in your case.

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