Section 130 Motor Vehicles Act: Duty to produce licence and certificate of registration

Section 130 of Motor Vehicles Act: Duty to produce licence and certificate of registration

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination:

Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand.

(2) The conductor, if any, of a motor vehicle on any public place shall, on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.

(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it.

Explanation.— For the purposes of this sub-section, "certificate of insurance" means the certificate issued under sub-section (3) of section 147.

(4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand:

Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.

Legal Commentary & Landmark Judgments: Section 130

Section 130 of the Motor Vehicles Act, 1988 mandates that drivers, conductors, and vehicle owners produce driving licences, registration certificates, insurance certificates, and fitness permits on demand by police or transport authorities, accommodating electronic digital documentation under IT Act norms.

Immediate Production of Driving Licence: Section 130(1) requires every driver in a public place to produce their driving licence for examination on demand by a uniformed police officer, or produce a seizure receipt if the licence was seized by another authority.
Owner's Duty to Produce Transport Documents within 15 Days: Section 130(3) obligates the owner or person in charge to produce the certificate of insurance, fitness certificate (Section 56), and transport permit, granting a statutory grace period of 15 days to submit attested copies if not in immediate physical possession.
Digital Documentation Integration: Following Central Government notifications under Section 130(4), production of electronic driving licences and vehicle registration certificates via DigiLocker or mParivahan mobile applications constitutes valid, sufficient statutory compliance.

Key Landmark Precedents:

National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297: A 3-Judge Bench of the Supreme Court held that the mere non-production of a driving licence at the accident spot under Section 130 does not establish that the driver was un-licensed; the insurer must affirmatively establish that the driver possessed no valid licence or was disqualified to establish a defense under Section 149(2).
Rukmani v. New India Assurance Co. Ltd. (1998) 9 SCC 160: The Supreme Court held that where the owner produces the driver's licence during tribunal proceedings or within the statutory period, the initial failure to produce it to the investigating police officer under Section 130 is immaterial and cannot exonerate the insurer.

Courtroom Practice & Strategic Litigation Guidance:

When representing vehicle owners in MACT claims where police charge sheets allege failure to produce licence under Section 130, immediately file certified copies of the driving licence, insurance cover note, and fitness certificate with the written statement. Production in court completely neutralizes insurance company recovery pleas based on Section 130 non-production.

Section 130: Duty to produce licence and certificate of registration

Section 130 of Motor Vehicles Act: Duty to produce licence and certificate of registration

Legal Commentary & Landmark Judgments: Section 130