Power of Court to disqualify
Section 20 of the Motor Vehicles Act deals with power of Court to disqualify. 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 s
(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. ZderSection (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.
Section 20, The Motor Vehicles Act (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 9 Grant of driving licence
- s. 132 Duty of driver to stop in certain cases
- s. 134 Duty of driver in case of accident and injury to a person
- s. 183 Driving at excessive speed, etc
- s. 184 Driving dangerously
- s. 185 Driving by a drunken person or by a person under the influence of drugs
- s. 189 Racing and trails of speed
Questions about Section 20
What does Section 20 of the Motor Vehicles Act deal with?
Section 20 of the Motor Vehicles Act is headed "Power of Court to disqualify". 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 s
How do I find court cases under Section 20 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Motor Vehicles Act 20, section 20 Motor Vehicles Act, section 20 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 20 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 9 (Grant of driving licence), section 132 (Duty of driver to stop in certain cases), section 134 (Duty of driver in case of accident and injury to a person), section 183 (Driving at excessive speed, etc), and on 3 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Motor Vehicles Act enacted?
Motor Vehicles Act was enacted in 1988 as Act 59 of 1988. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1658 words
- 217. Repeal and savings1639 words
- 88. Validation of permits for use outside region in which granted1606 words
- 149. 1094 words
- 96. Power of State Government to make rules for the purposes of this Chapter980 words
- 2. Definitions947 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f09db275-80d6-4bd5-924c-03ac08727bdc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/e36db003-a500-4cf2-aaa3-05b529659cd2/content). This page is not a substitute for legal advice.