In India, stunting on highways and public roads is indeed illegal under the Motor Vehicles Act, 1988 and associated amendments. Key sections that cover dangerous driving, including stunting, are:
1. Section 184: Driving Dangerously
- This section penalizes "dangerous driving," which includes speeding, racing, and performing stunts on public roads.
- Penalty: For the first offense, it includes a fine of up to ₹1,000 or imprisonment for up to six months, or both. For subsequent offenses, it can go up to ₹2,000 or imprisonment for up to two years.
2. Section 189: Racing and Trials of Speed
- Engaging in racing or speed trials without proper authorization is prohibited under this section.
- Penalty: Violations can result in fines of up to ₹500 or imprisonment for up to one month, or both. (The penalties may vary based on state rules or amendments).
3. Section 279 of the Indian Penal Code (IPC): Rash Driving or Riding on a Public Way
- Although part of the IPC and not the Motor Vehicles Act, this section is often used alongside it to address dangerous driving, including stunts.
- Penalty: This carries a potential imprisonment of up to six months, a fine up to ₹1,000, or both.
4. Section 133A of the Motor Vehicles Act (2020 Amendment): Community Service
- In the 2020 amendment to the Motor Vehicles Act, reckless drivers, including those performing stunts, may be sentenced to community service as an additional punishment.
These laws aim to curb stunting, overspeeding, and other reckless driving behaviors on highways and public roads to ensure road safety for all.
5. Section 206 of the Motor Vehicles Act: Seizure of Vehicle for Traffic Violations
- Under certain circumstances, law enforcement officers can seize the vehicle involved in stunting or dangerous driving. This applies when the driver has committed a violation under sections like 184 (dangerous driving) or 189 (speed trials).
- Consequence: The vehicle may be impounded, and the driver could face additional charges or further penalties upon release of the vehicle.
6. Section 122 and 177: Disobedience of Orders of Authority
- Performing stunts on the highway is often in violation of traffic orders and regulations set by authorities for road safety.
- Penalty: Offenders may be fined under Section 177, which deals with disobedience of orders. Fines are typically up to ₹500 for the first offense and can increase for subsequent offenses.
7. Suspension of Driving License:
- The Motor Vehicles (Amendment) Act, 2019, allows authorities to suspend the driving license of individuals involved in reckless or dangerous driving, including stunting.
- Consequence: License suspension duration can vary but can last several months, impacting personal and professional life.
8. Juvenile Offenders:
- If the individual caught stunting is a minor, the owner or guardian of the vehicle can be held liable. The 2019 Amendment also includes provisions for penalties for guardians, and in severe cases, the vehicle's registration can be canceled.
Local State Amendments
- In some states, such as Maharashtra, local laws impose even stricter fines and penalties for performing stunts or engaging in reckless driving. For instance, the Mumbai Police often conduct specific crackdowns on stunting, especially in high-traffic areas, with penalties varying depending on the city or state regulations.
Public Awareness and Crackdowns
- Law enforcement agencies regularly run awareness campaigns and conduct special drives to curb stunting on highways. Increased use of CCTV cameras and speed detection tools has also helped reduce stunting cases in recent years.
In summary, India’s legal framework is quite strict regarding highway stunting and reckless driving, with multiple sections addressing fines, imprisonment, license suspension, and even vehicle seizure. These laws aim to maintain public safety and deter high-risk behaviors on roads.
9. Motor Vehicles (Amendment) Act, 2019 – Enhanced Penalties
- This amendment introduced stricter fines and penalties across a range of traffic violations. It raised fines for various forms of dangerous driving, including stunting and speeding, which can reach up to ₹10,000 in severe cases.
- Specific Fines for Repeat Offenses: Repeat offenses for dangerous driving can attract harsher penalties, including increased fines and extended license suspensions.
10. Technology-Driven Enforcement
- Many urban areas and highways now have CCTV surveillance, automatic number plate recognition (ANPR) systems, and speed cameras. These technologies aid in identifying and fining stunt riders, even without on-site police intervention.
- E-challan System: Violations captured on camera are often followed by an e-challan, which is automatically generated and sent to the offender’s registered address.
11. Community Service Provisions
- As part of the Motor Vehicles (Amendment) Act, 2019, courts can also sentence drivers to community service for violations, including stunting. This can serve as a rehabilitative approach, making offenders contribute positively to the community.
12. Awareness and Rehabilitation Programs
- Many state governments are introducing awareness campaigns to educate youth and new drivers about the dangers of stunting and reckless driving. Some programs also focus on driver rehabilitation, where offenders may be required to attend traffic safety workshops as part of their penalty.
13. State-Specific Crackdowns
- Major cities like Mumbai, Delhi, and Bengaluru have implemented targeted operations to reduce incidents of stunting, especially during weekends or public holidays when such activities are more common.
- Special Patrols and Checkpoints: Police frequently set up patrols and random checkpoints on popular highways and urban roads to deter reckless driving. Penalties for stunting in these areas can be even more severe, including immediate towing of the vehicle.
14. Social Media Monitoring and Public Reporting
- Law enforcement agencies increasingly monitor social media for videos of stunts posted by individuals seeking attention online. In some cases, individuals have been tracked and penalized based on their social media activity.
- Public Reporting Mechanisms: Many cities have introduced traffic helplines or apps where the public can report dangerous driving or stunting incidents, making it easier for authorities to respond.
15. Legal Consequences of Accidents Caused by Stunting
- If stunting leads to an accident causing injury or death, the responsible driver can face severe criminal charges, including culpable homicide or negligent driving under the Indian Penal Code (IPC).
- Serious Criminal Charges: These could lead to long-term imprisonment and substantial financial compensation for the victims or their families.
Overall, India’s approach combines legal penalties, technology-driven enforcement, public awareness, and social accountability to discourage stunting on highways. The emphasis is on ensuring public safety and holding offenders accountable through strict legal measures and community-oriented solutions.