Ensure Strict Compliance Of Law Against Unauthorised Alteration, Fitment Of Crash Guards In Motor Vehicles: Delhi High Court To Union Govt

The Delhi High Court has directed the Union of India to ensure strict compliance of law against unauthorised alteration or fitment of crash guards or bull bars in vehicles under the Motor Vehicles Act, 1988.

Section 52 of the Act states that no owner of a vehicle shall alter it in a manner that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer.

A division bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela observed that there is already a mechanism in place for taking appropriate action against those persons who are violating the provision.

The court noted that the Government of India has also issued a clarification and has asked Principle Secretaries (Transport) and Transport Commissions of all States or Union Territories to take action against the violators who indulge in unauthorised fitment of crash guard or bull bar on motor vehicles.

“In light of the aforesaid, as the statutory provisions are already in place, the Respondent Union of India shall ensure strict compliance of the statutory provisions in respect of the violators in accordance with law,” the court said.

The bench disposed of two public interest litigations seeking prohibition on installation of crash guards or bull bars on front and rear ends of all sorts of vehicles in the country.

The Union of India in its counter affidavit submitted that it had issued a notification on February 09, 2016, notifying the Indian Standard regarding requirement for bumpers fitted on M1 category of vehicles.

The government also said that a classificatory circular has also been issued in 2017 stating that fitment of crash guards or bull bar in vehicles is in contravention of section 52 and attracts penalty under sections 190 and 191 of the Motor Vehicles Act.

Taking note of the relevant statutory provisions and the counter affidavit, the bench said:

“In the considered opinion of this Court, there is already a mechanism in place for taking appropriate action against those persons who are violating Section 52 of the MV Act, and the same has been clarified by the Government of India by filing the reply.”

Title: AARSHI R KAPOOR & ANR v. UNION OF INDIA & ANR and other connected matter

Citation: 2023 LiveLaw (Del) 378

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