Section 35 of MVA : Section 35: Power Of Court To Disqualify

Explanation using Example

Imagine a scenario where John, a bus conductor, is found guilty of overcharging passengers, which is an offence under The Motor Vehicles Act, 1988. The court convicts John and decides that, in addition to the fine he must pay, he will also be disqualified from holding a conductor's licence for a period of one year. This is an application of Section 35(1) of the Act, where the court uses its authority to disqualify an offender from holding a conductor's licence for a specified time.

John believes the disqualification period is too harsh and decides to appeal the decision. The appellate court, after reviewing the circumstances, has the power to either shorten the disqualification period or overturn it entirely, as per Section 35(2) of the Act. Alternatively, if John does not appeal the conviction itself but only the disqualification order, the higher court still has the authority to review and potentially alter the disqualification order.