Endorsement
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Summary
Courts must record (endorse) on a person’s driving licence when they order disqualification or when the person is convicted of certain motor-vehicle offences. Any cancellation or variation of a disqualification must also be endorsed and sent to the licensing authority. People accused of prescribed offences must bring their driving licence to Court. If an appellate court changes or sets aside the order, it informs the licensing authority so the endorsement can be amended.
Example
Priya is charged with a traffic offence that the Central Government prescribes. When she attends Court she must bring her driving license. If convicted, the Court will endorse the conviction and any disqualification on her license and notify the licensing authority. If an appellate court later quashes the conviction, the licensing authority will amend the endorsement.
Bare Act
Enacted text(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving license if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed.
(2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars at such conviction on any driving license held by the person convicted.
(3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving license if it is in his possession.
(4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months, the Court awarding the sentence shall endorse the fact of such sentence upon the driving license of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving license was granted or last renewed.
(5) When the driving license is endorsed or caused to be endorsed by any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving license was granted or last renewed.
(6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a driving license, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving license was granted or last renewed and such authority shall amend or cause to be amended the endorsement.
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