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MVA 1988 (Amended 2019)ORIGINALChapter II
Section 20
Power of Courts to Disqualify
Licensing of Drivers of Motor Vehicles
Fine: N/ACompoundable: NoEndorsement: Yes
BARE ACT PROVISION
Legal Text
(1) Where a person is convicted of an offence under this Act, the court by which he is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified from holding or obtaining a driving licence for such period as it thinks fit. (2) Where the court disqualifies a person under sub-section (1), the court shall send a copy of the order of disqualification to the licensing authority by which the licence was issued.
Simplified Explanation
Section 20 gives criminal courts the power to impose driving disqualification as an additional punishment upon conviction for any MVA offence. This is separate from the administrative disqualification power of the licensing authority under Section 19. The court's disqualification power is discretionary — 'may...declare' — allowing judges to calibrate the response to the specific circumstances. For serious offences like dangerous driving causing death or grievous hurt, or repeat drunken driving, courts regularly exercise this power. The notification requirement (copy to licensing authority) mirrors Section 19, ensuring national enforcement. This provision means that even where the licensing authority has not acted under Section 19, a criminal court can impose disqualification as part of its sentencing.
Historical Context
The dual system of administrative (Section 19) and judicial (Section 20) disqualification creates complementary enforcement mechanisms — administrative action can precede conviction, while judicial disqualification accompanies conviction.Critical Changes
Courts increasingly exercise Section 20 powers in serious accident cases.
Disqualification can be for any period — courts have imposed lifetime bans in egregious cases.
Practical Scenarios
"A person convicted of causing death by dangerous driving — court orders 5-year disqualification under Section 20."
"A repeat drunk driver convicted under Section 185 — court orders permanent licence cancellation under Section 20."
Common Queries
Yes — under Section 20, the convicting court may additionally order disqualification from driving for any period it thinks fit. For repeat drunken driving offences, courts routinely order extended disqualification periods.