Section 35: Power of Court to disqualify

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 35

Section 35 of the Motor Vehicles Act, 1988 empowers criminal courts convicting a conductor of any offense under the Act or any penal offense connected with passenger transit to disqualify them from holding a conductor's licence.

  • Judicial Disqualification Power: Triggered when a criminal court convicts a conductor for offenses committed in connection with the operation of a stage carriage or offenses against passengers.
  • Discretionary Duration and Scope: Court is empowered to disqualify the conductor for a specified term or permanently, supplementing the substantive penal sentence.
  • Mandatory Endorsement and Transmittal: Section 35 requires the court to endorse the disqualification upon the conductor's licence and transmit certified intimation to the licensing authority.
Key Landmark Precedents:
  • State of Karnataka v. Muralidhar (2009) 4 SCC 463: Reaffirmed that criminal courts must exercise statutory powers to disqualify transport operators and crew when public transit is compromised by criminal negligence or abuse of office.
  • State of Rajasthan v. Chhagan Lal 1999 Cri LJ 4125 (Raj): Held that where a conductor is convicted of assaulting passengers or pocketing public fares, judicial disqualification under Section 35 is appropriate alongside penal sanctions.
Courtroom Practice & Strategic Litigation Guidance:

When prosecuting a conductor for criminal breach of trust, assault, or sexual harassment under Section 354 IPC / BNS, file a formal application requesting the trial magistrate to exercise powers under Section 35 to disqualify the accused from continuing as a conductor upon conviction.