Chapter XI OFFENCES AND PENALTIES

(1) Whoever uses a highway or part thereof for any purpose other than for which the usage of the highway is authorised by this Act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 20,000, or with both. (2) A person entering a highway in violation of the provisions of this Act shall be guilty of criminal trespass and shall be punishable as such.

Whoever uses a highway or part thereof without payment of the fee due for such use shall be punishable with imprisonment which may extend to one month or with a fine of Rs. 2,000 or a fine equal to twice the fee payable for use of the highway by the offending vehicle for a distance of one hundred kilometres, whichever is higher, and such fine shall be imposed in addition to the fee due and payable under this Act and the rules made thereunder.

Subject to the provisions of Chapter VIII of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988), whoever engages in or abets driving on a highway,- (a) at a speed exceeding the maximum permissible speed on a highway by more than ten kilometres per hour of such maximum permissible speed; (b) in a state of intoxication or inebriation; or (c) a goods vehicle which exceeds its maximum permissible load by more than ten per cent thereof, shall be deemed to cause danger to the life and property of users of the highway and shall be punishable with imprisonment for a term that may extend to six months, or a fine which may extend to Rs. 20,000, or with both.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any highway impassable or less safe for travelling or conveying property, or wilfully causes damage to a highway, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine which shall not be less than Rs. 10,000 but which may extend to one lakh rupees, or with both.

Whoever maliciously or wilfully damages, defaces, alters, modifies or removes any road sign, signal, indicator, or apparatus on the highway shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Rs. 50,000, or with both; and if it is proved that any means exist for causing such damage, defacing, alteration, modification or removal, it shall be presumed, until the contrary is proved, that such damage, defacing, alteration, modification or removal, as the case may be, has been maliciously or wilfully caused by such person.

Whoever, fails to comply with any order or direction given under this Act by the State Government or the Authority or any officer authorised by the State Government or the Authority in this behalf, as the case may be, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one lakh rupees, or with both, in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to twenty thousand rupees for every day during which the failure continues.

For the purposes of investigation of an offence punishable under this Act, a police officer shall have all the powers as provided in relevant provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS).

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” means a whole time director in the company and in relation to a firm means a partner in the firm.

While adjudicating the quantum of penalties and fines to be imposed under this Act, the court shall have due regard to the following factors, namely:- (a) the amount of potential gain or unfair advantage, wherever quantifiable, made as a result of the offence; (b) the repetitive nature of the offence; and (c) the damage caused or danger posed to users of a highway or to other persons; and damage to any property or works comprising a highway.