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Section 6: Restrictions on the holding of driving licences

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 5 All 217 Sections of Motor Vehicles Act Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 of the Motor Vehicles Act, 1988 imposes an absolute statutory prohibition against any individual holding more than one valid driving licence concurrently, preventing multi-jurisdictional licensing fraud, suppression of disciplinary endorsements, and regulatory evasion.

  • Singular Driving Licence Mandate: Section 6(1) bars any person from holding more than one driving licence at any given time, subject only to narrow exceptions for a learner's licence or a military driving licence issued under Section 18.
  • Mandatory Surrender Mechanism: An applicant seeking a licence in a new jurisdiction or adding a class must disclose and surrender any existing licence, preventing the parallel accumulation of physical or electronic driving credentials across different States.
  • Statutory Nullity of Subsequent Licences: Section 6(2) explicitly enacts that any subsequent driving licence obtained in contravention of sub-section (1) shall be void ab initio and of no legal effect, disentitling the holder from asserting authorization thereunder.
Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297: The 3-Judge Bench held that while holding multiple or parallel licences is statutorily prohibited under Section 6, an insurer seeking to avoid liability towards a third party must establish a deliberate, fundamental breach by the insured-owner and a direct causal nexus with the accident.
  • United India Insurance Co. Ltd. v. Gian Chand (1997) 7 SCC 558: The Supreme Court ruled that where an insured knowingly entrusts a vehicle to a person who holds no valid licence or whose licence is statutorily void, such conduct constitutes a willful breach of insurance policy conditions, entitling the insurer to recover compensation from the owner.
Courtroom Practice & Strategic Litigation Guidance:

When representing an insurer, cross-verify the driver's credentials across the nationwide Sarathi database. If the driver obtained a duplicate licence from another RTO while their original licence was suspended or revoked, plead absolute nullity under Section 6(2). For claimants, counter by demonstrating that administrative duplication under Section 6 does not negate driving competence or driver qualification under Section 149(2)(a)(ii).

Section 5 All 217 Sections of Motor Vehicles Act Section 7