Motor Vehicles Act Section 20 — Power of Court to disqualify
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) allows a court that convicts a person of an offence under this Act, or of any offence where a motor vehicle was used, to also disqualify that person from holding a driving licence. The court can specify the period of disqualification and can disqualify the person from driving all classes of vehicles or only particular classes. This is in addition to any other punishment the law allows. However, for an offence punishable under section 183, the court cannot make such a disqualification order for the first or second offence.
Sub-section (2) makes disqualification mandatory for certain offences. If a person is convicted of an offence under clause (c) of sub-section (1) of section 132, or under section 134 or section 185, the court must order disqualification. If the offence relates to clause (c) of sub-section (1) of section 132 or section 134, the disqualification period must be at least one month. If the offence relates to section 185, the disqualification period must be at least six months.
Sub-section (3) requires a court to order disqualification in three specific situations, unless the court records special reasons in writing for not doing so. These situations are: (a) when a person who was previously convicted under section 184 is again convicted under that section, (b) when a person is convicted under section 189, and (c) when a person is convicted under section 192. The maximum disqualification period is five years for a repeat offence under section 184, two years for an offence under section 189, and one year for an offence under section 192.
Sub-section (4) allows a court that orders disqualification for an offence under section 184 to direct that the person remain disqualified until they pass the test of competence to drive, as referred to in sub-section (3) of section 9. This applies whether or not the person had previously passed that test, and the test must be passed to the satisfaction of the licensing authority after the disqualification order is made.
Sub-section (5) gives the appellate court the power to set aside or vary any disqualification order made under sub-section (1). This can be done even if no appeal would lie against the conviction itself that led to the disqualification order.
Official Text
(1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence:
Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence.
(2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable to clause (c) of sub-section (1) of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months.
(3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person—
(a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section,
(b) who is convicted of an offence punishable under section 189, or
(c) who is convicted of an offence punishable under section 192:
Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year.
(4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority.
(5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made.