MVA 185 and 188

Dear Client,
Section 185 of The Motor Vehicles Act, 1988 makes driving under the influence of drugs or alcohol a criminal and non-bailable offence in India. The Government has made stricter rules under Section 185 of the Motor Vehicle Act. Punishments under Section 185 of the MV Act include a fine of up to ₹10,000 or imprisonment of up to 6 months or both under Section 188 of the Act including suspension of driving license. In motor accident cases both the owner and driver of the vehicle are liable to face prosecution proceedings initiated before the Motor Accident Claim Tribunal once an FIR is lodged in the police station against the offender(s). When a person pleads guilty, they are essentially admitting to the charges against them. The court, upon accepting the guilty plea, imposes a penalty (fine, etc.) as a consequence of the offense and disposed of the case. Typically, if a person admits guilt and pays a penalty, it is usually treated as a conviction, even if the case is resolved quickly and consequently, a conviction under a motor accident case can affect the process of applying for a passport or visa, especially if the case involves criminal negligence or serious charges. Section 482 of the Cr.PC grants the High Court inherent powers to set aside a guilty-prayed conviction in a motor accident case to prevent abuse of process or to secure the ends of justice. In motor accident cases, a guilty plea is often entered to expedite the resolution of the case and potentially receive a lighter sentence. However, if there are compelling circumstances, such as coercion, misunderstanding of the consequences of the plea, or newly discovered evidence that significantly undermines the basis of the plea, a High Court might consider setting aside the conviction. The High Court must be persuaded and convinced that there are compelling reasons to believe that upholding the conviction would be a miscarriage of justice. Hence, it is recommended to consult with a Sr. Advocate for tailored advice and steps to navigate the matter effectively.

Dear Sir,

File a Criminal Revision or Appeal (if within time limit):

Since you pleaded guilty, it is treated as a summary conviction.

However, if the plea was under misunderstanding or pressure, and you were not the actual offender, a revision application under Section 397 CrPC or a petition under Section 482 CrPC (Inherent Powers of the High Court) can be filed to challenge and set aside the conviction.

You need to provide clear evidence that:

You were not present at the spot.

The real offender was your cousin.

You were misadvised or unaware of the legal consequences of pleading guilty.