BACK TO MVA INDEX
MVA 1988 (Amended 2019)ORIGINALChapter IX
Section 188-190
Penalty for Abetment of Certain Offences; Racing and Trials of Speed; Using Vehicle in Unsafe Condition
Offences, Penalties and Procedure
Fine: ₹5,000–₹10,000Compoundable: No (racing); Yes (unsafe vehicle)Endorsement: Yes
BARE ACT PROVISION
Legal Text
Section 188: Whoever abets the commission of an offence under this Act or the rules made thereunder shall be punishable with the punishment prescribed for the offence. Section 189: Whoever without written consent of the State Government uses or permits the use of any vehicle in any race or trial of speed with any other vehicle in any public place shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. Section 190: Whoever drives or causes or allows to be driven in any public place any motor vehicle which violates the standards prescribed in relation to road safety, air pollution or noise pollution, or which is mechanically defective, or without any safety guard or device, shall be punishable with a fine of one thousand rupees for the first offence and for any subsequent offence with a fine of two thousand rupees or with imprisonment for a term which may extend to three months.
Simplified Explanation
Section 188 establishes that abetting any MVA offence carries the same punishment as the principal offence — a spectator who encourages a drunk driver, a vehicle owner who asks a driver to race, or a business that enables dangerous commercial driving faces equal liability. Section 189 specifically criminalises racing or speed trials on public roads without government permission — covering both organised street races and informal drag racing at traffic lights. The 2019 Amendment increased the penalty from ₹500 to ₹5,000. Section 190 targets unsafe vehicles — those violating emission standards, noise standards, or in mechanically defective condition (worn brakes, bald tyres, defective lights). The provision creates a direct link between vehicle roadworthiness and criminal liability for the driver and owner who uses such a vehicle.
Historical Context
Street racing on public roads is a documented problem in major Indian cities — particularly late at night when traffic is light. Several fatal accidents involving street racers have driven enforcement attention to Section 189.Critical Changes
Racing penalty: ₹500 → ₹5,000 (first), subsequent ₹10,000 — 2019 Amendment.
Unsafe vehicle: ₹1,000 (first offence) — specifically targeting emission and safety standard violations.
BS-VI emission norm violations covered under Section 190.
Practical Scenarios
"Two cars drag racing on a Mumbai flyover at 2 AM — Section 189, ₹5,000 each."
"Driving a vehicle with bald tyres that has failed safety standards — Section 190, ₹1,000."
"A vehicle failing the PUC emission test — Section 190 violation."
Common Queries
Yes — Section 189 prohibits any race or trial of speed with another vehicle on public roads without State Government permission. The penalty is ₹5,000 fine or 1 month imprisonment for a first offence.
Under Section 190, driving a vehicle that violates emission or noise pollution standards carries a fine of ₹1,000 (first offence) and ₹2,000 (subsequent). Additionally, PUC (Pollution Under Control) certificate requirements are enforced separately.