The penalty for using mobile while driving?

What the Law Says

The Motor Vehicles Act, 1988 — as amended by the Motor Vehicles (Amendment) Act, 2019 — strictly prohibits using handheld mobile phones while driving. Violations attract fines and potential licence disqualification.

Under Section 177 of the Motor Vehicles Act, 1988, any person who drives a vehicle in violation of traffic rules — including using a handheld mobile phone — is liable to a fine. The 2019 amendment significantly increased penalties.

Section 184 of the Indian Penal Code (IPC) applies when mobile use causes dangerous driving — defined as driving 'in a manner so as to endanger human life or likely to cause hurt or injury to any other person'. This attracts harsher punishment, including imprisonment.

The Central Motor Vehicles Rules, 1989 (Rule 104) also prohibit drivers from holding or using a mobile phone while the vehicle is in motion or temporarily stationary (e.g., at traffic lights). Hands-free devices are permitted only if they do not require manual operation.

Statutory Text

Whoever drives a motor vehicle in contravention of the provisions of section 177 shall be liable to a fine which may extend to one thousand rupees for the first offence and for any subsequent offence, to a fine which may extend to two thousand rupees.

— Motor Vehicles Act, 1988, s. 177 — Penalty for contravention of provisions of this Act

Statutory Text

Whoever drives a motor vehicle in a manner so as to endanger human life or likely to cause hurt or injury to any other person shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

— Indian Penal Code, s. 184 — Driving dangerously

What to Do

Sources