Question

Under section 20 of the M.V. Act If a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for

• A. Imposing penalty only
• B. Punishment only
• C. Both punishment and penalty
• D. Disqualification under the Act.

Hint:

For offences under the Motor Vehicles Act, always remember that the consequences can be twofold: (1) The primary punishment (fine/imprisonment) for the offence itself, and (2) Ancillary orders like suspension or cancellation of the driving license or disqualification from holding one, aimed at ensuring road safety.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question concerns the consequences of a conviction for the offence of 'racing and trials of speed' under Section 189 of the Motor Vehicles Act, 1988. Besides the primary punishment (imprisonment and/or fine), the Act provides for additional measures, particularly relating to the offender's driving license, under Section 20.
Step 2: Detailed Explanation:
\begin{itemize} \item Section 189 of the Motor Vehicles Act provides for punishment (imprisonment and/or fine) for any person who permits or takes part in a race or trial of speed between motor vehicles in any public place. \item Section 20 of the Act gives the court the "Power of court to disqualify." \item Section 20(2) states that a court convicting a person of an offence under this Act shall be empowered to order that the person so convicted shall be disqualified, for such period as the court may specify, from holding any driving licence to drive all classes or kinds of motor vehicles. \end{itemize} The phrase "shall ordinarily order for" suggests a standard or expected action by the court. While the punishment under Section 189 is mandatory upon conviction, the power to disqualify under Section 20 is a crucial ancillary order aimed at public safety to take dangerous drivers off the road. The question specifically directs attention to Section 20, which deals with disqualification. Given the gravity of an offence like racing on public roads, disqualification is a primary tool for the court to prevent its recurrence. Therefore, in the context of Section 20, the most relevant order is disqualification.
Step 3: Final Answer:
The court shall ordinarily order for Disqualification under the Act.