Chapter – 10 Provisions relating to punishment

Chapter – 10 Provisions relating to punishment

Chapter – 10 Provisions relating to punishment
160. Punishment:

(1) The competent authority shall punish a person who drives or causes another person to drive a motor vehicle displaying a number or number plate other than the actual number or number-plate as indicated in
the registration certificate with imprisonment for a term not exceeding Six months or with a fine from Five Thousand to Fifteen Thousand Rupees, along with the confiscation of that motor vehicle.
(2) The competent authority may punish a person who commits, or causes the commission of, the following act with the following fine:
(a) A fine from Five Hundred to Two Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Sections 12 , 45 or 117.
(b) A fine from One Thousand to Five Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Sections 14 , 29, 39, 75, 93, 96, 125 or 129.
(c) A fine from Two Thousand to Ten Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Section 159.
(3) The competent authority may punish a person who commits, or causes the commission of, an act in contravention of this Act or the Rules made or orders issued hereunder, except as provided in Sub-section (1) or
(2), with a fine from Two Hundred to One Thousand Rupees.
(4) The court may sentence a person who commits, or causes the commission of, an act in contravention of Section 128 to punishment of a fine not exceeding Twenty Five Thousand Rupees or imprisonment for a
term not exceeding Five years or both punishments and order the payment of appropriate compensation by that offender to the person who has suffered loss and damage.
(5) The court may sentence a person who commits, or causes the commission of, an act in contravention of Section 165 to punishment of a fine of One Thousand Rupees or imprisonment for a term not exceeding One
year or both punishments and order the payment of appropriate compensation by that offender to the person who has suffered loss and damage.
161. ? Punishment in the event of death: (1) If a person driving a motor vehicle runs over or knocks down any person or causes a motor vehicle accident in any manner and that person who is inside the motor vehicle or in any place
outside the motor vehicle dies immediately or within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain) as a result of that accident, and if such act is committed with intention to kill that person, the
person driving the motor vehicle shall be punished with a sentence of life- imprisonment along with confiscation of his or her entire property. If, despite the commission of such act with intention to kill, the victim survives death,
the person driving the motor vehicle shall be punished with imprisonment for a term from Five years to Twelve years, according to the gravity of offence.
(2) If a person driving a motor vehicle runs over or knocks down any person or causes a motor vehicle accident in any manner and that person who is inside the motor vehicle or in any place outside the motor vehicle dies
immediately or within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain) as a result of that accident, and despite that such act has not been committed with intention to kill that person, the fact that
motor vehicle accident has taken place due to the fact that the person has driven the motor vehicle knowingly or recklessly that such a driving of motor vehicle is likely to result in the death of any person, the person driving
the motor vehicle shall be punished with imprisonment for term of Two years to Ten years, according to the gravity of offence.
(3) If a person while driving a motor vehicle in a circumstance where it does not appear likely to result in the death of any one meets with an accident resulting in the death of a person who is inside the motor vehicle or
in any place outside the motor vehicle, the person driving the motor vehicle shall be punished with imprisonment for term not exceeding One year or a fine not exceeding Two Thousand Rupees or with both punishments.
(4) If a person who does not hold the driving license drives a motor vehicle and thereby commits any offence referred to in Sub-section (1) or (2), that person shall be punished with an additional fine of Two Thousand
Rupees, in addition to the punishment to which that person is liable under that Sub-section.
Provided that, the additional fine shall not be imposed if the offence is punishable with life imprisonment, along with confiscation of property.
(5) If the owner of a motor vehicle or a person in charge of a motor vehicle permits the motor vehicle to be driven by a person who does not hold the driving license and the motor vehicle runs over or hits a person or meets
with an accident and consequently that person dies, the person who so permits that motor vehicle to be driven shall be punished with imprisonment for a term not exceeding Two years.
162. ? Punishment in the event of disablement: (1) If a motor vehicle driven by a person runs over or hits a person or meets with an accident and a person who is inside the motor vehicle or in any place outside the motor vehicle
becomes disabled as a result of that accident and such act is committed with mala fide intention, the person so driving the motor vehicle shall be punished with imprisonment for a term not exceeding Eight years and with a fine not exceeding Ten Thousand Rupees if such disablement is either blindness or impotency. In the event of disability of any organ other that these two deformities, the offender shall be punished with imprisonment for a tern not
exceeding Eight years and with a fine not exceeding Five Thousand Rupees; and in the event of disability of only one organ out of the two existing organs having similar functions in the body, half the punishment referred to in
above shall be imposed. If such defectiveness becomes cured and functional, the person so driving the motor vehicle shall be punished with a fine of Five Thousand Rupees.
(2) If a person who does not hold the driving license drives a motor vehicle and thereby commits any offence referred to in Sub-section (1), that person shall be punished with an additional fine of Five Thousand Rupees, in
addition to the punishment to which that person is liable under that Sub- section.
(3) If the owner of a motor vehicle or a person in charge of a motor vehicle permits the motor vehicle to be driven by a person who does not hold the driving license and the motor vehicle runs over or hits a person or meets
with an accident and consequently a person who is inside the motor vehicle or in any place outside the motor vehicle becomes disabled, the person who so permits that motor vehicle to be driven shall be punished with a fine of
Two Thousand Rupees.
163. Payment of medical expenses, obsequies expenses and compensation: (1) If any kind of loss or damage is caused to any party by a motor vehicle accident, the following amount shall be caused to be paid as medical
expenses and compensation by the driver or owner or manager of the motor vehicle to the victim:
(a) In the case of death, Ten Thousand Rupees as obsequies expenses and an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act if no third party insurance has been
procured, as compensation to the successor of the deceased;
(b) In the case of disablement which is not functional despite being cured, an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act for disablement if no third party
insurance has been procured for compensation against the disablement, and Five Thousand Rupees as medical
expenses if such organ is functional.
(2) The Chief District Officer ? shall immediately cause the amount of obsequies expenses and compensation to be paid to the successor of the deceased in the event of death of that person in a motor vehicle accident and
the amount of medical expenses to be paid to the person who sustains disablement in the accident by the driver, owner or manager of the motor vehicle pursuant to Sub-section (1).
(3) If, expect as provided in Sub-section (1), a driver drives a motor vehicle in contravention of this Act or the Rules framed or orders issued hereunder and the motor vehicle meets with an accident resulting injury to
any person, the Chief District Officer ? shall immediately cause the driver, owner or manager of the motor vehicle to pay a sum of Two Thousand Rupees, as medical expenses, to that person, having regard to the existing
condition of injury. If the person so injured becomes entitled to compensation of a larger amount subsequently, that person shall be paid only the residual amount after deducting the medical expenses so paid earlier.
(4) Notwithstanding anything contained above in this Section, the driver shall not be required to pay more than five percent of the total amount of medical expenses, obsequies expenses and compensation payable under
this Section.

(5) If the driver is required to pay the amount of medical exp enses, obsequies expenses and compensation required to be paid pursuant to Sub section (1) or (2) but the driver is unable to make such payment and such
amount is not recovered even from the attachment of his or her property made in accordance with the laws in force, the amount which is not so recoverable shall be recovered from the fine realized from him or her.
(6) ⊗ Payment of insurance amount for compensation to be borne by an insurance company in accordance with the provisions set forth in this Section shall be caused to be made as soon as possible.
164. Power to transport inspector or police to impose fine on the spot: (1) Notwithstanding anything contained elsewhere in this Act, the transport inspector or a police officer not lower than the rank of sub-inspector of
police may punish on the spot a person who commits the following offence for the first instance with a fine of Twenty Five Rupees to Fifty Rupees, a person who commits the following offence for the second instance with a
fine of Fifty Rupees to One Hundred Rupees and a person who commits the following offence for the third instance or more with a fine of One Hundred Rupees to two hundred rupees:
(a) Driving a motor vehicle contravening the traffic signs or  signals;
(b) Standing a motor vehicle at such place or time as may be prohibited for such standing;
(c) Turning a motor vehicle or using sound-signal at a place
where such turning or sound-signal is prohibited;
(d) Driving a motor vehicle on the wrong side of a road;
(e) Driving a motor vehicle from the opposite side on a one-way road;
(f) Driving a motor vehicle of unworthy condition;
(g) Driving a motor vehicle in excess of the determined speed;
(h) Driving a motor vehicle at night without turning lights on;
(i) Driving a motor vehicle after consumption of liquors;
(j) Parking a motor vehicle at a public place in such a way as to cause obstruction to others;
(k) Driving a motor vehicle at a place or hour prohibited for such driving;
(l) Driving a motor vehicle without a number-plate;
(m) Driving a motor vehicle of which weight is more than the determined weight at a place for which the limit of
weight of a motor vehicle is determined;
(n) Driving a motor vehicle without fastening the seat-belt or without using the helmet;
(o) In the event of determination of the number of people to be seated or kept in or the weight of goods to be loaded
in a motor vehicle, driving a motor vehicle carrying passengers or goods exceeding such determined number
or weight;
(p) Refusing to accept a passenger by the driver of a public motor vehicle;
(q) Driving a motor vehicle by charging fares at a rate exceeding the fixed rate of fares;
(r) Driving a motor vehicle recklessly;
(s) Driving a public motor vehicle without obtaining the route permit; or
(t) Driving a motor vehicle without possessing the driving license.
(2) If any person is unable to pay the amount of fine imposed on the spot by the transport inspector or police pursuant to Sub-section (1), the transport inspector or police shall give a traffic-ticket to that person,
requiring him or her to pay such amount to the concerned police office or competent authority within a period of Twenty Four hours.
(3) Notwithstanding anything contained in Sub-section (1), even though a police officer not lower than the rank of sub-inspector of police is not present for the time being on the spot to punish a person at a time when
that person commits an offence as referred to in Sub-section (1), any police personnel present on the spot shall give a traffic-ticket to the offender of that offence specifying the kind of offence committed by him or her and
requiring him or her to pay the amount of fine imposable on him or her for that offence to the concerned police office within a period of twenty four hours.
(4) While issuing a traffic-ticket referred to in Sub-section (2) or (3), the recipient of the traffic-ticket shall also be caused to sign its duplicate copy.
(5) If the concerned person fails to pay the amount of fine to the competent authority or the concerned police office within the period referred to in Sub-section (2) or (3), the competent authority may punish that person
with a fine not exceeding one thousand rupees and suspend the driving license if that person is a driver or the route permit if that person is the owner or manager of a motor vehicle or the license obtained by them to operate the
transport service for a period not exceeding one month. ? (6) ⊗ In the event of failure to pay the amount of fine even within the period of suspension made pursuant to Sub-section (5), the competent authority may revoke that driving license, route permit or license obtained to operate the transport service, as the case may be.