Section 24 Motor Vehicles Act: Endorsement

Section 24 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

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

(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence, 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 of such conviction on any driving licence 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 licence 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 licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed.

(5) When the driving licence 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 licence 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 licence, the appellate Court varies or sets aside the conviction or order, the appellate Court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endorsement.

Legal Commentary & Landmark Judgments: Section 24

Section 24 of the Motor Vehicles Act, 1988 prescribes the statutory mechanism for endorsing convictions, suspensions, and disqualification orders onto driving licences and transmitting entries into the permanent centralized registry.

Mandatory Judicial and Administrative Duty: The court or licensing authority passing an order of conviction, suspension, or disqualification must endorse the particulars onto the physical licence and update the electronic Sarathi database.
Evidence of Disqualification and Prior Conviction: Section 24(2) provides that an endorsement on a driving licence serves as prima facie evidence of the conviction or disqualification order recorded therein in subsequent legal proceedings.
Duty to Inform Granting Authority: Where the court endorsing the licence is not the authority that granted it, statutory notice of the endorsement must be transmitted to the original granting licensing authority.

Key Landmark Precedents:

State of Karnataka v. Muralidhar (2009) 4 SCC 463: Reaffirmed the imperative requirement for trial courts to ensure that disqualifications and convictions are meticulously endorsed under Section 24 to maintain transparent criminal driver tracking.
National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297: Acknowledged the evidential significance of endorsements under Section 24 in ascertaining whether an owner had constructive notice of a driver's prior disqualifications.

Courtroom Practice & Strategic Litigation Guidance:

When investigating a commercial driver's record, requisition a certified abstract of the National Register / Sarathi database under Section 24. Endorsement entries showing prior convictions for reckless driving (Section 184) are admissible under Section 24(2) to prove habitual negligence and defeat the owner's plea of bona fide due diligence in entrusting the vehicle.

Section 24: Endorsement

Section 24 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 24