Chapter 02 Licensing of Drivers of Motor Vehicles
Section 20: Power of Court to disqualify
a. 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.
b. 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.
c. A Court shall,
unless for special reasons to be recorded in writing it thinks fit to order
otherwise, order the disqualification of a person—
- who having been convicted of an offence punishable
under section 184 is again convicted of an offence punishable under that
section,
- who is convicted of an offence punishable under section
189, or
- 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.
d. 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.
e. 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.