Road Traffic Act, 1961
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Notice of offence. |
104.—Where a person is charged with an offence under section 47 , 52 or 53 of this Act, he shall not be convicted of the offence unless either— | |
(a) he was warned at the time at which the offence is alleged to have been committed, or within twenty-four hours thereafter, that the question of prosecuting him for an offence under some one of those sections would be considered, or | ||
(b) within fourteen days after the commission of the offence, a summons for the offence was served on him, or | ||
(c) within those fourteen days a notice in writing stating the time and place at which the offence is alleged to have been committed and stating briefly the act or acts alleged to constitute the offence and stating the inten- tion to prosecute him therefor was served personally or by registered post on him or (in the case of a mechanically propelled vehicle) on the registered owner of the vehicle in relation to which the offence is alleged to have been committed: | ||
Provided that— | ||
(i) failure to comply with this requirement shall not be a bar to conviction in a case in which the court is satisfied that— | ||
(I) the accused by his own conduct contributed to the failure, or | ||
(II) in case the offence alleged to have been committed is in relation to a mechanically propelled vehicle, neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served as aforesaid, or | ||
(III) in case the offence alleged to have been committed is not in relation to a mechanically propelled vehicle, the name and address of the accused could not with reasonable diligence have been ascertained in time for a summons to be served or a notice to be sent as aforesaid, and | ||
(ii) it shall be presumed, until the contrary is shown by the defendant, that the requirement of this section has been complied with. |