Abstract
The most common problem in India is that no one follows the rules and regulations properly, everyone tries to avoid it in some way or the other and one of these is traffic laws, rules and their disobedience causes many problems related to traffic. Many road accidents, fatalities, and injuries—a major socioeconomic-legal problem—come from the often-broken traffic laws in India. There are many statutory laws for traffic laws but still the traffic problem is increasing. Though the Motor Vehicles Act of 1988 and its subsequent amendments provide a thorough legal framework, traffic rules are still not rigorously enforced or followed. Although there are all the laws, there is penalty or punishment, but there is no compliance… which means there is some shortcoming and through research I have tried to find out all the same things and to end this, I feel that not only stricter penalties, but also non-voluntary action is necessary from the side of the government. This article explores the scope and nature of traffic law violations in India as well as the socioeconomic and legal elements causing noncompliance, a review of the Historical evolution and efficacy of present legal and administrative efforts, and proposals for systematic reform. Various reforms were considered, the betterment for this problem also has been recognized by taking such mitigating measures along with this many recommendations and suggestion also discussed.
Introduction:
Importance of the traffic laws:
- The Traffic laws evolve in India for the smooth functioning of traffic rules and road user safety
- It provides how the one should drive or ride the motor vehicle that does not create any nuisance to other people.
- It also prevents ‘ROAD ACCIDENTS & INJURIES.
- It provides compensation to the victim who has been aggrieved by such other person who drove the motor vehicle:
- It also contains “PUNISHMENTS AND PENALTIES” to the liable person.
Objective of the study:
RULES: “just for the sake of saying”? Rules and Regulations are made for the welfare of society and environment. It’s a human tendency to contravene the rules for their comfort but forget that this comfort zone can also be harmful for them, hence the main objective of the study:
- Taking steps to eliminate worries about traffic or related problems which are very often these days.
- Finding ways so that everyone follows traffic rules because nowadays people do not obey traffic rules at all.
- Rigid the flexibility in traffic laws because this is the reason why people think that they can do anything and nothing will happen.
- Departments should be strict in supervising traffic rules also to stop those who take or give the sheep.
- Taking strict action on violating traffic rules It is important to have traffic police at every intersection and congested area.
- Ensuring that everyone follows all traffic rules and guidelines and complies with all laws.
- Even if the traffic police misbehave, everyone should know the laws.
History of traffic laws in India:
Earliest Legislation and Colonial Era:
· “The Bengal Motor Car and Cycle Act of 1903”.[1]
- “Indian Motor Vehicles Act of 1914” comprising only 18 sections.
Inter-War and Post-Independence Developments
- The “Indian Motor Vehicles (Amendment) Act of 1920”, followed by the amendment in 1924.
- In 1927, The “Indian Road Safety Committee was established in 1941” Motor Vehicles Act, 1939.
- The “MVA of 1939” repealed previous laws and sought to standardize and streamline the traffic regime of the states.
Modernization: Motor Vehicles Act, 1988
Face with rapid motorization in the late 20th century, the government was clamoring for all-encompassing, really updated legislation.
Types of Traffic violations[2]: –
- Minor – Running Red Lights or Stop Signs
Distracted Driving
Following Too Close (Tailgating)
Parking Violations
Drive Under Influence (DUI)/Drunk & Driving
Done spirit or reckless driving
Reason for Traffic and road accidents
- Wrong side driving- On a road where vehicles are allowed to drive only in one direction, drive from the other side.
- Crossing yellow Light– To avoid standing at the red signal, cross the signal on yellow light only, which increases the chances of accidents.
- Obstruction on left turn-At a traffic signal, people stand on the left turn road too so that they can cross quickly but that is how traffic moves because people who must take a left turn also must stand there.
- Try to Escape -The traffic police will catch you without helmet, so crossing the red light by increasing the speed to maximum or overtake another vehicle.
- Unavailability of Traffic police– Because in some places there is so much rush that the presence of traffic police is very important, and the traffic police is not available there.
- Rally and protest jams road-Whenever a political or social rally or protest takes place somewhere, there is a traffic jam there. Religious activities on roads also created huge traffic jams.
- Band -Baja weddings- the wedding procession takes place on the roads for people to enjoy but this enjoyment becomes a problem for other people.
- Road digging-Due to all the construction on the roads, the drivers must suffer a lot. The roads are open everywhere due to which it takes a lot of time for the traffic to be cleared.
- Heavy vehicles– Trucks, buses, tractors and sometimes even trucks get stuck on highways due to overloading, and this causes heavy traffic and chances of accidents also increase.
- No parking zone- To avoid parking or just to save some parking payment, people park their vehicles in no parking zone or any congested place and this causes a lot of traffic.
Impact of Traffic law violations:
· Accidents, Injuries and Fatalities: Road accidents in Gwalior during the year 2022 recorded a total of 1906 accidents from January until November, which led to 305 fatalities.
- Road traffic accidents due to violations of traffic laws happen to be one of the main causes of morbidity and high mortality rates all around India
- Not only innocent people but innocent animals are also becoming victims of these (RTA).
- Legal framework governing traffic in India:
Indian Motor Vehicle (Amendment)Act,2019
| Key provisions of the Act | |
| SECTION (as amended) | PROVISIONS |
| 3, 4, 7, 10 Licensing of Drivers/Conductors | Stricter norms regarding issuance and renewal of driving licenses, including ‘AADHAAR’ verification[3]. |
| 12. Licensing of Driving Schools | increased regulation and accreditations of driving training schools. |
| 14, 15. Validity of Licenses | increased validity period of transport and non-transport licenses. |
| 19.Disqualification of Drivers | grounds on which a person may be disqualified and suspended from holding a driving license. |
| 25A. National Register of Driving Licenses | Setting up a central database of driving licenses. |
| 28. Power to Make Rules | expanded rule-making powers for Central Government. |
| 41. Registration of Vehicles | Simplified procedure for registration and transfer of vehicles. |
| 44A. National Register of Motor Vehicles | Establishment of a nationwide database for vehicle registration. |
| 50, 52. Transfer and Alteration of Vehicles. | More stringent controls on the transfer and alteration of motor vehicles |
| 66A. National Transportation Policy | Formulation of a national policy on road transport. |
Tribunals under Indian Motor Vehicle (Amendment Act),201:
Motor Accident Claims Tribunal ( MACT)
‘Section 165- 176’ deals with MACT
‘Section 166(3)’: 6-month limitation period for filing claims, no provision for condonation
‘Section 159’: Police to furnish Accident Information Report to the Tribunal compulsorily within three months
‘Section 160’: Authorities to impart accident-related information to the claimants
Appellate Tribunal
‘Section173’ of the Indian Motor Vehicle Act,2019 deals with the Appellate Tribunal.
Its main function is to hear the appeals against MACT award.
It reviews MACT decisions.
Legal provision in other laws for Traffic laws violations:
“Bhartiya Nyaya Sanhita, 2023” (BNS)
BNS Provisions for Violations of Traffic Laws: –
‘Section 279 (rash driving)’; Section 281 (BNS)’
Section 304A (causing death by negligence)’; Section 106 (BNS)’
‘Section 337 and 338 (causing hurt and grievous hurt by endangering life)’; Sections 120, 121 (BNS)’.
“The Insurance Act ,1938” (IA)
Insurance Act provisions for violation of traffic laws
‘Section 32D: Compulsory Motor Third-Party Insurance’.
‘Section 2CB: Prohibition on Insuring with Foreign Insurers’.
“Carriage by Road Act, 2007”[4].
‘Section 3’: Registration Rule.
‘Section 13’: Transporting Hazardous or Dangerous Substances.
“The Madhya Pradesh Municipal Corporation Act, 1956”[5].
Here are some key provisions from the statute: –
‘Section 305’: Clearing Road Obstacles.
‘Section 427’: The authority to enact byelaws.
Landmark Case laws:
- Haji Zakaria & Ors. v. Naoshir Cama & Ors. AIR 1976 AP 17[6].
Facts-
- The case arose out of a motor vehicle accident wherein the lorry registered in the name of Haji Zakaria and others collided with the vehicle driven by Dr. Naoshir Cama.
- The accident took place when the lorry crossed the central divider and hit the car, which caused injuries to Dr. Cama and to another passenger.
- The claimants had claimed compensation under the Motor Vehicles Act, alleging rash and negligent driving by the lorry driver.
- The owners and the insurance company disclaimed liability on the ground that the accident was occasioned by a mechanical failure called an “axle brake ring” or drag link end, and not for the reason of negligence.
Findings by the Tribunal and the High Court-
- The Claims Tribunal, after considering all the oral and documentary evidence on record, found that the accident was caused by a rash and negligent driving by the driver of the lorry.
- The Tribunal disbelieved the owner on the ground of mechanical failure, stating various discrepancies in their evidence; the expert’s view suggesting that had there been such a defect, it would have been possible to detect it beforehand and to stop the vehicle safely.
- The High Court of Andhra Pradesh affirmed the findings of the Tribunal and concurred with the view that the lorry crossed over the divider on to the wrong side of the road by negligent driving and not due to any mechanical failure.
Key Legal Issues-
- Whether compensation can be awarded without negligence or fault on the part of the owner or on the part of the driver?
- If the accident is due to a mechanical defect, then would the insurance company and the owner be liable?
Ruling and Legal Principle-
- Responsibility for which arises under the Motor Vehicles Act, as it was, if there is negligence or fault on the part of the owner or driver, should be proved.
- The court found clear evidence of rash and negligent driving and rejected the defense of mechanical failure because the owners failed to prove that they kept the vehicle in a disable roadworthy condition or that the defect occurred notwithstanding due care on their part.
- The “res Ipsa loquitur” doctrine held to operate in this case as the circumstance of the accident indicated negligence.
Meaning of “res Ipsa loquitur”
In tort cases, particularly those involving negligence, the law uses the principle of “res Ipsa loquitor”.
When an accident is of a nature that would not ordinarily happen without carelessness, it applies. Negligence is strongly indicated by the incident.
It’s not enough to have just direct proof of negligence. – The occurrence of the event must give rise to the presumption of negligence due to which accident occurs and there was no due diligence on the side of Perpetrator.
For example: Negligence events like leaving surgical equipment inside a patient or items falling from a structure are the most typical applications for it.
On No Fault Liability-
- The case is often cited in ‘no fault liability’, However, the court in Haji Zakaria reaffirmed the necessity of fault (negligence) for compensation under the law that existed at the time.
- The principle of no-fault liability, whereby compensation is payable irrespective of fault, was introduced later by ‘Section 92A of the Motor Vehicles Act, 1939’ (and later amended posture in Section 140 of the Motor Vehicles Act, 1988).
Judgment
The Supreme Court held in Haji Zakaria v. Naoshir Cama that compensation for motor vehicle accidents was made out only on proof of negligence. While defense of mechanical failure may succeed if the owner shows all due precautions to keep the vehicle roadworthy, here it was not so shown.
- Parminder Singh Vs. New Assurance Co. Ltd AIR 2019 Supreme Court 3128[7].
Facts–
- Parminder Singh, 23 years, 100% permanent disability (hemiplegia) since a road accident occurred when a car.
- He was hit by a rashly driven truck.
- The accident at the same time killing a Cabinet Minister who was a passenger.
Key Legal Issue-
Who would be liable to pay damages if, in respect of an offending vehicle, the driver does not have a valid driving license?
Judgment-
The Supreme Court held that the insurance company must pay the entire amount of compensation to the victim and be entitled to recover the amount from the owners and drivers of the offending vehicles if they were driving without valid licenses. The Court reaffirmed the principle “pay and recover,” ensuring that victims get the compensation without delay and that the insurer can recover from the persons responsible. The Court further proceeded to grant enhanced compensation, holding the victim incapacitated 100% on account of loss of future earnings and capacity for a normal life.
Significance-
This case remains the leading authority on the application of the amended Act with respect to compensation and liability, especially about third-party insurance and the rights of accident victims.
Traffic police manages road traffic and related matters:
‘Section 213’: Appointment of Traffic police
i) Regulating Traffic
- enforcement of Road Safety
- Ensuring compliance with Vehicle Laws.
Role/power of traffic police:
| Provision under statutory law | ||
| Role/power | Sections | Provision under MVA,1988 (Amended 2019) |
| Traffic regulation / control | 112- 115- 119- | Speed limit Power to restrict the use of vehicles Duty to obey traffic signs |
| Document Verification | 130- | Duty is to produce license and certificate of registration |
| Seizure/ Detention of vehicle | 207- | Power to detain vehicles used without certificate of registration permit, etc. |
| Imposition of penalties | 183-190- 200- 201- | Various offences Composition of certain offences Penalty for causing obstruction to free flow of traffic |
| Arrest without Warrant | 202- | Power to arrest without warrant |
| Removal of obstruction | 127- | Removal of motor vehicles abandoned or left unattended on a public place |
| Accident management | 134- 187- | Duty of driver in case of accident and injury to a person Punishment of offence relating to a accidents |
Conduct and limitations of traffic police:
| Comparison of conduct and limitation | |
| Conduct of Traffic Police | Limitations of Traffic Police |
| Uniform and Identification: An officer must be in proper uniform and hold an identification card when stopping a vehicle, issuing a fine, or exercising any of his statutory powers. | No Arbitrary Action: Traffic police cannot penalize, seize vehicles, or arrest people without any valid legal grounds, as specified in the Act. |
| Due Process: All acts of seizures-police of vehicle or imposition of fine or arrest must be done in accordance with the procedure laid down in the Act and Rules thereunder. | Jurisdictional Boundaries: Their powers are limited in scope to traffic-related offences within their areas of posting. |
| Impartial and Professional Actions: Officers must act with impartiality, without harassment, and with respect towards all citizens in the execution of law. | Rank Restrictions: Powers like imposing certain fines, arrests, etc., can be exercised only by an officer above a prescribed rank (example, Sub-Inspector or above). |
| Transparency: Receipts must be issued and payment of fines against it made by the person concerned rounds of punitive action shall be made known to the public. | Document Demand: Officers cannot demand documents not required by law, for example- pollution certificate by a non-motorized vehicle. |
Role of Central and State Government Authorities:
‘Section 139’of the (IMVA)1988 Power of Central Government to make rules[8].
these measures were taken as follows:
- EDUCATION
- ENGINEERING
- ENFORCEMENT
- EMERGENCY CARE
Measures taken by authorities
Awareness campaign, Necessary Reforms, Traffic Surveillance (CCTV, Speed guns, etc.
Challenges in Enforcement:
- Corruption and bribery- “The Prevention of Corruption Act,1988 “has been enacted with serious punishment and penalties.
- Legal delay and weak prosecution:
- Inadequate infrastructure directly increases road safety risks by creating hazardous driving routes: Roads full of potholes, negligent road markings[9].
- Poor coordination among departments
Various committees for road safety and traffic management:
National Level Committees
Sundar Committee: Set up in 2005 under the Chairmanship of Shri S. Sundar, the committee was to recommend the formation of a special body to deal with road safety and traffic management.
National Road Safety & Traffic Management Board: Regulatory and Advisory bodies with functions like laying down standards for vehicle and highway design, issuing guidelines for such standards, and promoting trauma care and rehabilitation.
State Level Committees
State Road Safety Council / State Road Safety Board: Section 215(2)’ of the Motor Vehicles Act, 1988 brings in the State Road Safety Council to be set up by the state governments to suggest measures for improving road safety issues and traffic management.
District Level Committees
District Road Safety Committee (DRSC): Constituted under ‘Section 215(3)’ of the Motor Vehicles Act’, 1988, the District Magistrate/Collector sits in the chair.
Recent Development:
· Road safety guidelines[10].
- New driving license rules will be enforced from 1 June 2025 in India.
- “Stricter Traffic Rules for 2025”
Conclusion:
All these things that have been said here, we all are seeing them in our daily lifestyle, whether said or not, and we are also a part of these things, and all these things affect us, and the people associated with us. The public has certain obligations that they should not put their own and others’ lives in danger, Motor vehicles have become a very big part of today’s everyday life and everyone uses motor vehicles. And not just the public, department officials also need to bring some changes, Being a government servant, he should not do any contravention, which has become quite common these days due to which some issues have arisen and if he sees anyone violating the traffic rules, then at the time of imposing fine or penalty, he must tell the violator under which “Rules or Section of Motor Vehicle Act 2019” or any other law for the time being in force he is being liable.
Keyword
Traffic laws, Road Traffic Accidents(RTA),The Motor Vehicle Act,1988(MVA), Traffic police, Legal Provision of Traffic laws , RTO.
Reference:
- Das, P. (2023). ‘Horn Please’: The evolution and regulation of traffic in twentieth-century India. The Indian Economic and Social History Review, 60(4), 381-410. https://doi.org/10.1177/00194646231200331 (Original work published 2023)
- Singh, S.K., “Road Traffic Accidents in India: Issues and Challenges” Transportation Research Procedia (2009).
- Chandra, S., “History and Development of Road Traffic Laws in India” (2012), Universal Law Publishing, New Delhi.
- “The LexisNexis Law 2018 on Motor Vehicles” by R. Rao.
- Tiwari, G., “Road Safety and Traffic Management in India,” Indian Journal of Transport Management, Vol. __, No. __, (2011), pp
- “About TrackSchoolBus | School Bus Tracking System | Tracking Apps” (School Bus Tracking System with TrackSchoolBus Apps) https://www.trackschoolbus.com/traffic-violations/
- ——, “What Are Some Common Traffic Violations?” (Huffman & Kendrick, PLLC, February 13, 2025) https://www.huffmankendrick.com/blog/2025/01/what-are-some-common-traffic-violations/
——, “305 People Die in Road Accidents in Gwalior till Nov 2022: Traffic Police Stats” Free Press Journal (December 28, 2022) https://www.freepressjournal.in/bhopal/305-people-die-in-road-accidents-in-gwalior-till-nov-2022-traffic-police-stats
- Team NICA, “India Losing 3% of GDP Annually Due to Road Accidents” Current Affairs – NEXT IAS (March 26, 2025) https://www.nextias.com/ca/current-affairs/26-03-2025/india-losing-3-percent-gdp-annually-due-to-road-accidents
- Giribabu D and others, “Road Accidents on Indian National Highways, Ambulance Reachability and Transportation of Injured to Trauma Facility: Survey-Based Introspection of Golden Hour” (2024) 13 Journal of Family Medicine and Primary Care 704 https://pmc.ncbi.nlm.nih.gov/articles/PMC11006034/
- ——, “Central Motor Vehicles Rules, 1989” (1989) <https://www.roadsafetynetwork.in/wp-content/uploads/2019/01/cmvr-1989.pdf
- The Motor Vehicles (Amendment) Act, 2019, No. 32 of 2019, issued by the Ministry of Law and Justice (Legislative Department) of the Indian government, is available at https://morth.nic.in/sites/default/files/notifications_document/MV%20Act%20English.pdf (accessed 28 May 2025).
- S. Rajaseekaran v. Union of India, (2014) 6 SCC 36.
- The website https://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?method=W&judgmentID=12078957 offers the “Security Code Check for Accessing Judgment/Order” tool, which was last accessed on May 28, 2025.
- Taxmanagementindia.com, a unit of MS Knowledge Processing Pvt. Ltd., published “Stricter Traffic Laws for 2025” on April 5, 2025. The article may be found at https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=14026, which was last visited on May 28, 2025.
Name – Honey Shankhwar
College – Amity University Madhya Pradesh
[1] Das, P. (2023). ‘Horn Please’: The evolution and regulation of traffic in twentieth-century India. The Indian Economic and Social History Review, 60(4), 381-410. https://doi.org/10.1177/00194646231200331 (Original work published 2023)
[2] “About TrackSchoolBus | School Bus Tracking System | Tracking Apps” (School Bus Tracking System with TrackSchoolBus Apps) <https://www.trackschoolbus.com/traffic-violations/>
[3] The Motor Vehicles (Amendment) Act, 2019, No. 32 of 2019, issued by the Ministry of Law and Justice (Legislative Department) of the Indian government, is available at https://morth.nic.in/sites/default/files/notifications_document/MV%20Act%20English.pdf (accessed 28 May 2025).
[4] The Carriage by Road Act, 2007, Act No. 41 of 2007, may be found at https://www.indiacode.nic.in/bitstream/123456789/2043/1/A2007-41.pdf.
[5] The Madhya Pradesh Municipal Corporation Act, 1956, Act No. 23 of 1956, may be found at https://www.indiacode.nic.in/bitstream/123456789/3582/1/Municipal%20Corporation%20ACT1956.pdf.
[6] AIR 1976 AP 171, Haji Zakaria & Ors. v. Naoshir Cama & Ors.
[7] “PARMINDER SINGH vs. NEW INDIA ASSURANCE CO. LTD.” <https://www.the-laws.com/Encyclopedia/Browse/Case?caseId=009102253100&title=parminder-singh-vs-new-india-assurance-co-ltd>
[8] advocatekhoj.com, “Power of Central Government to Make Rules | Motor Vehicles Act, 1988 | Bare Acts | Law Library | AdvocateKhoj ” (Copyright 2025, advocatekhoj.com) <https://www.advocatekhoj.com/library/bareacts/motor/139.php?Title=Motor%20Vehicles%20Act,%201988&STitle=Power%20of%20Central%20Government%20to%20make%20rules>
[9] “What Role Do Road Users and Infrastructure Play in Improving Safety? | RoadSafetyFacts.Eu” (RoadSafetyFacts.eu, April 15, 2019) <https://www.roadsafetyfacts.eu/what-role-do-road-users-and-infrastructure-play-in-improving-safety/>
[10] “Road Safety Guideline | Highway Traffic Police | India” <https://highwaypolice.maharashtra.gov.in/road-safety-guideline/>