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MVA 1988 (Amended 2019)ORIGINALChapter IX
Section 197-200
Taking Vehicle Without Authority; Unauthorised Interference with Vehicle; Fraudulent Application for Driving Licence/RC; Conviction to be Endorsed
Offences, Penalties and Procedure
Fine: ₹5,000Compoundable: NoEndorsement: Yes
BARE ACT PROVISION
Legal Text
Section 197: Whoever takes or drives away any motor vehicle without the consent of the owner or other lawful authority shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. Section 199: Whoever obtains a driving licence or certificate of registration by making any false statement or misrepresentation or by suppressing any material information shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. Section 200: Any court by or before which a person is convicted of any offence under this Act shall cause particulars of the conviction to be endorsed upon any driving licence held by the convicted person.
Simplified Explanation
Section 197 addresses 'joyriding' — taking a vehicle without the owner's consent but without intending to permanently deprive them of it (if intent to permanently deprive existed, it would be theft under BNS Section 303). This covers taking a parent's car without permission, employees taking employer vehicles for unauthorised trips, and temporary vehicle misappropriation. Section 199 specifically criminalises fraud in obtaining driving licences or registration certificates — false age declarations, fake address proofs, suppressing disqualification history. With digitisation of the Sarathi and Vahan portals, such fraud is increasingly detectable. Section 200's endorsement provision is the mechanical foundation of the licence endorsement system — every conviction for an MVA offence is mandatory endorsed on the driver's licence, creating the cumulative record that can trigger disqualification proceedings under Section 19.
Historical Context
The endorsement system under Section 200 is fundamental to the driver accountability framework — it prevents drivers from treating each individual fine as isolated and ensures that serial violators face escalating consequences through accumulated endorsements.Critical Changes
Endorsement system digitalised through Sarathi portal — national visibility of all endorsements.
Fraudulent licence applications increasingly detected through Aadhaar-linked verification.
Practical Scenarios
"A teenager who takes a parent's car for a joyride — Section 197, ₹5,000 or 3 months."
"Obtaining a driving licence using a fake address proof — Section 199, ₹5,000 or 6 months."
Common Queries
Yes — Section 197 criminalises taking a vehicle without the owner's consent, even without intent to permanently steal it. The penalty is ₹5,000 or 3 months imprisonment.
Under Section 200, every MVA conviction is mandatory endorsed on the driver's licence by the court. These endorsements accumulate and can trigger disqualification proceedings under Section 19 after a certain number are recorded.