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Union of India - Section

Section 115 in Motor Vehicles Act, 1939

115. Driving at excessive speed.

(1)Whoever drives a motor vehicle in contravention of section 71 shall be punishable with fine which may extend to [four hundred rupees] [Substituted by section 66, Act 56 of 1969, for 'one hundred rupees' (w.e.f. 2-3-1970).] or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to [one thousand rupees] [Substituted by section 22 (ii), Act 47 of 1982, for 'five hundred rupees' (w.e.f. 1.10.1982).]]
(2)Whoever causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of section 71 shall be punishable with fine which may extend to [three hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupees] [Substituted by section 66, Act 56 of 1969, for 'two hundred rupees' (w.e.f. 2-3-1970).].
(3)No person shall be Convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to, the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical [* * *] [The word 'timing' omitted by Act 100 of 1956, section 86 (w.e.f. 16-2-1957).] device.
(4)The publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without infringing the provisions of section 71, be prima-facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub-section (2).