what does section 129 and 179 means

922 votes

If the Section mentioned on your challan is Section 129, Motor Vehicles Act, 1988, it pertains to the mandatory wearing of protective headgear while driving, riding, or being carried on a motorcycle of any class or description in a public place. The provision also mandates the use of securely fastened headgear that can reasonably be expected to offer a certain degree of protection in the event of an accident. However, this requirement does not apply to a Sikh person who is wearing a turban while driving or riding on a motorcycle in a public place. The consequence of violating this provision as prescribed under Section 194D of the MV Act, is a fine which can extend up to a maximum of one thousand rupees and one shall be disqualified for holding licence for a period of three months.

If the section mentioned on your challan is 179, Motor Vehicles Act, 1988, it pertains to disobedience of any lawful direction or order given by any person in authority under the Act or posing an obstruction to such person in the discharge of his duties. This provision stipulates that any person who intentionally disobeys a direction given by any person or authority who is lawfully empowered under the Act to give such direction or obstructs any person or authority in the discharge of their functions shall be punishable with a fine that may extend to two thousand rupees. Subsection (2) of this provision deals with the requirement to supply information. Any person who is required to provide information under the Act but withholds it intentionally, or gives information that they know to be false or do not believe to be true, shall be punishable with imprisonment for a term that may extend to one month, or with a fine that may extend to two thousand rupees or both. It is essential to note that any other penalty provided under the Act for the offence will override the penalties prescribed in this section.

In any case, it is advisable to pay the challan fine promptly to avoid further legal action. If you feel that the challan has been issued to you unfairly, you can contest it in a court of law.

Advocate Sudershani Ray LawRato

536 votes

SEC.129 of MV Act applies when a person not wearing the protective headgear or helmet while riding or driving the motorcycle or scooter and he is liable to pay the penalty.
SEC. 179 of MV Act applies when a person disobey of order or obstruction and refusal of information which was asked by the authorities and in this condition the person is liable to penalty in fine up to RS.500/- or with imprisonment UpTo 1 month.

Advocate Vishal Khandelwal LawRato

598 votes

Either of the section can be imposed on you by the Police depending on the circumstances:

Section 129 in The Motor Vehicles Act, 1988

129. Wearing of protective headgear.—Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear 1[protective headgear conforming to the standards of Bureau of Indian Standards]: Provided that the provision of this sections shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban: Provided further that the State Government may, by such rules, provide for such exceptions as it may think fit. Explanation.—”Protective headgear” means a helmet which,—
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.


Section 179 in The Motor Vehicles Act, 1988
179. Disobedience of orders, obstruction and refusal of information.—
(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees.
(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.


In any of the case you have to go to the concerned police station, produce all the relevant bike documents, pay the challan.

Regards

Advocate Anilesh Tewari LawRato

952 votes

Booth the sec are coming the M.V act 179 disobeyed the traffic rule other hand 129mv act use to helmet when you driving two whealars may you have booth charged so if you provided copy of chhalan than I give you proper

Advocate Mahesh Kumar Gupta LawRato

786 votes

If you had not bear helmet while riding then Section 129 would apply and if had disobeyed the direction of traffic authority then it would be section 179. Thus it depends upon the circumstances under which your challan was made.

Advocate Swadha Kumari LawRato

760 votes

Section 129 of Mother vehicle act is for that you was not wearing helmet that time and 179 is described penality either one month imprisonment or According to mv act 1988 s 179 (1) fine amount is 500 rs fine but don't panicked about that just confess and submit fine

Advocate Deepak Kumar Sharma LawRato

277 votes

According to section 129 of the Motor Vehicle Act, all drivers are required to wear helmets when driving in public. A helmet is all that's needed to protect a person in the event of an accident. Section 129 MV Act fine is ₹1,000 and disqualification from holding a driving license for 3 months. On the other hand Section 179 applies if you wilfully disobeyed a lawful order given by a police officer or obstructed them from performing their duties. It may result in a fine of up to ₹2,000. Once you know the section, you can proceed to pay the challan online or at designated traffic challan counters.

Additionally, the consequences of the violation can vary depending on the severity of the offence, your driving history, and the regulations in your jurisdiction. These consequences may include fines, points on your driving record, mandatory attendance at driving courses, or even suspension of your driver's license. 

Advocate Chikirsha Mohanty LawRato

333 votes

According to Section 129, all drivers are required to wear helmets when driving in public. A helmet is all that's needed to protect a person in the event of an accident. The helmet is fastened securely to the head of the wearer using the straps and other fastenings provided on the helmet.

Advocate Chikirsha Mohanty LawRato