Understanding License Cancellation Laws in India: An Overview
Amarjeet Singh
Experienced lawyer and public policy expert (MA LLB, LLM) Advocate, Supreme Court of India
In India, driving is both a privilege and a responsibility. To ensure public safety and maintain order on the roads, the Motor Vehicles Act, 1988 (MVA) sets forth various provisions regulating the issuance, suspension, and cancellation of driving licenses. The cancellation of a driving license is a serious penalty reserved for habitual offenders or those found guilty of severe traffic violations, posing a significant risk to public safety. This article explores the legal framework governing the cancellation of driving licenses in India.
Recent Cases of Driving License Cancellation in India
The issue of reckless driving and its consequences has gained significant media attention in India, particularly following high-profile incidents involving public figures and viral social media content. Recent news highlights several cases where driving licenses have been canceled due to violations of traffic regulations. Here’s a summary of notable instances that underscore the strict enforcement of driving laws in the country.
1. TTF Vasan’s License Cancellation
YouTuber and racer TTF Vasan recently faced the cancellation of his driving license following serious traffic violations. The Tamil Nadu Transport Department took action against him after he was found engaging in reckless driving behavior that not only endangered his life but also the safety of others on the road. The cancellation of his license reflects the government’s commitment to maintaining road safety and accountability among drivers, especially those in the public eye .
2. Noida Police Warnings
In a proactive measure, the Noida Police issued warnings regarding the potential cancellation of driving licenses and vehicle registration certificates (RCs) for individuals engaging in reckless driving. The authorities emphasized that persistent violations of traffic rules, including overspeeding and driving under the influence, could lead to severe penalties, including the cancellation of licenses. This serves as a crucial reminder for motorists to adhere to traffic regulations .
3. Faridabad Incident and Viral Video
In another instance, the traffic police in Faridabad sought the cancellation of a local resident's driving license after a video of his reckless driving went viral on social media. The police acted swiftly, registering a case and writing to the Transport Department to initiate the cancellation process. This incident highlights how digital platforms play a significant role in exposing traffic violations, prompting authorities to take immediate action .
These recent cases emphasize the growing trend of enforcing driving laws in India, particularly in response to reckless behavior that poses a threat to public safety. Authorities are increasingly using social media as a tool to monitor and address traffic violations, reinforcing the message that driving is a privilege that comes with substantial responsibility. The strict penalties, including license cancellations, are intended to deter individuals from engaging in unsafe driving practices and promote a culture of safety on the roads.
Grounds for Cancellation or Suspension of a Driving License
The Motor Vehicles Act, 1988, outlines specific grounds under which a driving license can be suspended or permanently canceled. The power to cancel or suspend a license rests with both the Licensing Authority and the Courts. Below are the key provisions that define the process and criteria for cancellation:
1. Section 19 – Power of Licensing Authority to Disqualify from Holding a Driving Licence or Revoke such Licence
?(1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he— (a) is a habitual criminal or a habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985; or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; it may, for reasons to be recorded in writing, make an order— (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or
(ii) revoke any such licence.
(2) The licensing authority shall revoke the driving licence of any such person permanently, if it is satisfied that such person is using or has used a motor vehicle in the commission of a cognizable offence punishable with imprisonment of not less than five years.
(3) If a licence is revoked or a person is disqualified for holding or obtaining a licence to drive all or any class or description of vehicles, the licensing authority shall, if the person holds a driving licence, take or cause to be taken such steps as may be necessary to obtain possession of the driving licence, and the person shall surrender the licence to the authority.
2. Section 20 of the Motor Vehicles Act, 1988 provides:
20. Power of Court to order disqualification. (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, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify from holding any driving licence to drive all or any classes or descriptions of vehicles and the driving licence, if any, held by such person shall cease to be effective during the period of such disqualification.
(2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132 or sub-sections (1) or (2) of section 134, the Court convicting such person shall also order the disqualification of such person for a period of not less than one month.
(3) A Court shall order the disqualification of a person convicted of an offence punishable under section 185 or section 197 for a period of not less than six months.
(4) A Court ordering the disqualification of a person convicted of an offence under this Act may, in respect of the person so convicted and disqualified, direct the licensing authority in whose jurisdiction such person ordinarily resides or carries on business, to endorse upon the driving licence the particulars of such disqualification.
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3. Section 21 of the Motor Vehicles Act, 1988 states:
Suspension of driving licence in certain cases. (1) Where, in relation to a person who has been previously convicted of an offence punishable under section 184 or section 185 or section 189 or section 190, a case is registered within a period of three years from the date of such previous conviction on the allegation that such person has again committed an offence under any of the aforesaid sections, the driving licence held by such person shall, notwithstanding the provisions of section 19, be suspended— (a) for a period of six months, if such previous conviction was for an offence punishable under section 184 or section 189; (b) for a period of two years, if such previous conviction was for an offence punishable under section 185.
4.Section 22 of the Motor Vehicles Act, 1988 provides:
Suspension or cancellation of driving licence on conviction. (1) Where a person, having been previously convicted of an offence punishable under section 184 or section 185, is again convicted of an offence punishable under any of the aforesaid sections, the Court making such subsequent conviction may cancel the driving licence of such person.
(2) If a driving licence is cancelled under sub-section (1), the person whose driving licence has been cancelled shall, notwithstanding anything contained in this Act, be disqualified for obtaining a driving licence for such period as the Court may specify.
5. Section 206(4) of the Motor Vehicles Act, 1988 provides:
206 (4). Power to impound documents.
A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19:
Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.
Reinstatement of a Cancelled License
Once a license is cancelled or suspended, the driver may need to undergo certain procedures to reinstate it. This could include:
·?????? Waiting for the disqualification period to end.
·?????? Passing a driving test again to demonstrate competence.
·?????? In some cases, applying for a new license after the disqualification period.
Conclusion
The cancellation or suspension of a driving license in India is a stringent measure to promote road safety and discourage reckless behavior. By imposing strict penalties on offenders, including habitual violators, the Motor Vehicles Act aims to create a safer environment for all road users. Drivers must adhere to traffic laws and respect the rules of the road to avoid facing such severe consequences.
These legal provisions serve as a reminder that with the privilege of driving comes the responsibility to drive safely and in accordance with the law.
Feel free to get in touch if you need any help or have any query:
?Amarjeet Singh, Advocate
Founder, Justice Action Network Consultancy
Chamber No 536, Patiala House Court, New Delhi (India)
Email: [email protected]
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