Section 26: Maintenance of State Registers of Driving Licences

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 26

Section 26 of the Motor Vehicles Act, 1988 mandates the compilation and maintenance of the State Register of Driving Licences by State Governments and its seamless transmission to the Central Government's National Register (Sarathi).

  • State Register Compilation Mandate: Each State Government must compile and maintain a comprehensive register of all driving licences granted, renewed, suspended, or revoked within its territorial jurisdiction.
  • Electronic Integration with National Register: Following the 2019 amendment, Section 26(2) mandates real-time electronic transmission of State Register entries into the National Register of Driving Licences operated by the Ministry of Road Transport and Highways (MoRTH).
  • Public Inspection and Statutory Evidentiary Authenticity: Prescribes that certified electronic extracts from the Register serve as conclusive proof of the status, validity, and endorsements of driving licences across all courts and tribunals.
Key Landmark Precedents:
  • S. Rajaseekaran v. Union of India (2018) 13 SCC 532: The Supreme Court directed all States to fully integrate their State Registers into the centralized Sarathi database under Section 26 to eliminate duplicate, bogus, and fraudulent licences nationwide.
  • National Insurance Co. Ltd. v. Geeta Bhat (2008) 12 SCC 396: Highlighted the evidentiary necessity of producing certified extracts from the official licensing register to establish whether a driver held a valid licence at the time of an accident.
Courtroom Practice & Strategic Litigation Guidance:

In any MACT claim where the validity of a driving licence is contested, never rely on unverified private investigator reports. Apply under Section 76 of the Evidence Act / Section 26 MV Act for a certified electronic extract of the Sarathi register or summon the RTO nodal officer. An official certified entry from the National/State Register carries statutory presumption of genuineness.