Power of Court to disqualify
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Summary
When a person is convicted of a motor-vehicle offence or an offence in which a vehicle was used, the court may disqualify them from holding a driving licence for all or specified classes of vehicles for a period it fixes. For certain offences the law requires disqualification and sets minimum periods; repeated or particular serious offences normally attract disqualification up to fixed maximum terms. The court can also require passing the driving test after disqualification, and an appellate court may vary or cancel the disqualification.
Example
Ravi is convicted after his car was used in an offence. The court disqualifies him from holding any driving licence for six months and orders that he must pass the driving test before a licence is restored. On appeal the appellate court could shorten or cancel that disqualification.
Bare Act
Enacted 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 person so convicted to be disqualified, for such period as the Court may specify, from holding any driving license to drive all classes to description of vehicles, or any particular class or description of such vehicles, as are specified in such license:
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—
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(a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section,
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(b) who is convicted of an offence punishable under section 189, or
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(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.
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