The Motor Vehicles Act, 1988
209. Restriction on
conviction.
No person prosecuted for an
offence punishable under section 183 or section 184 shall be convicted
unless--
- He was warned at the time
the offence was committed that the question of prosecuting
him would be taken into
consideration, or
- Within fourteen days from
the commission of the offence, a notice specifying the nature of
the offence and the time and place where it is alleged to have been committed
was served on or sent by registered post to him or the person
registered as the owner of the vehicle at the time of
the commission of the offence, or
- Within twenty-eight days of
the commission of the offence, a summons for the offence was served on him:
Provided that nothing, in
this section shall apply where the Court is satisfied that--
- the failure to
serve the notice or summons referred to in this sub-section was due to the fact
that neither the name and address of the accused nor the name and address of the
registered owner of the vehicle could with reasonable diligence have been
ascertained in time, or
- Such failure was brought
about by the conduct of the accused.
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