Police Cannot Seize Driving Licenses Merely Based on FIRs in IPC Offences: Madras High Court Upholds Rights of Drivers

In a significant judgment, the Madurai Bench of the Madras High Court has reaffirmed the rights of drivers by ruling that the police do not have the authority to seize driving licenses merely based on the registration of FIRs for offences under the Indian Penal Code (IPC). Justice B. Pugalendhi, presiding over the bench, delivered a landmark decision in the writ petitions filed by four drivers employed with the Tamil Nadu State Transport Corporation.

The petitioners, P. Prabu, A. Velsamy, E. Salaimanimadhavan, and R. Rajamanickam, approached the court seeking a writ of mandamus against the Regional Transport Officers and Inspectors of Police of various districts. They challenged the seizure of their driving licenses following accidents that resulted in criminal cases under Section 304 (A) IPC for causing death by negligence.

Justice Pugalendhi observed, “The respondent police cannot seize the driving license... it is not for the Regional Transport Authority to pre-judge the guilt of the petitioners, even before the filing of the final report by the respondent Police in the criminal cases registered against these petitioners.” This observation underscored the principle that an individual’s rights cannot be prematurely infringed based on an accusation.

The court referenced several precedents, including the cases of P. Sethuraman and S. Murugan, to establish the limits of police authority under Section 206 of the Motor Vehicles Act. The judgment highlighted that the seizure of the license is not mandatory for action under Section 19 of the Act and that police powers are restricted to specific sections of the Motor Vehicles Act.

The court ordered the respondent Regional Transport Officers to return the driving licenses of the petitioners within one week. It also permitted the respondent Police to forward relevant materials to the RTOs after filing the final reports in the criminal cases for appropriate action under Section 19 of the Motor Vehicles Act.

DATED: 12.01.2024

P.Prabu VS Regional Transport Officers and Inspectors of Police of various districts