Driving licence
Also called: Licence to drive
The licence issued by a competent authority under Chapter II of the Motor Vehicles Act, 1988 authorising a person to drive, otherwise than as a learner, a motor vehicle or a specified class of vehicle (Section 2(10)).
Explained
Section 2(10) of the Motor Vehicles Act, 1988 defines a driving licence as the licence issued by a competent authority under Chapter II authorising the person specified in it to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description. A learner's licence is therefore not a driving licence in this sense, and a licence is class specific.
Section 3(1) prohibits driving a motor vehicle in a public place without an effective driving licence authorising the person to drive that vehicle, and a transport vehicle may be driven only if the licence specifically entitles the holder to do so. Section 4 fixes the age limits: eighteen years generally, sixteen for a motor cycle of engine capacity not exceeding 50cc, and twenty for a transport vehicle, subject to Section 18. Section 5 forbids an owner or person in charge from causing or permitting a person who does not satisfy Sections 3 or 4 to drive. Driving in breach is punishable under Section 181, and an owner who permits it under Section 180.
Validity is set by Section 14. A learner's licence is effective for six months. A licence for a transport vehicle is effective for five years, and three years for vehicles carrying dangerous or hazardous goods. Any other licence runs until age forty if issued before thirty, for ten years if issued between thirty and fifty, until sixty if issued between fifty and fifty five, and for five years if issued at fifty five or above. Every licence continues to be effective for thirty days after expiry. The licensing authority may disqualify or revoke under Section 19 on the grounds listed, and courts may disqualify on conviction under Section 20.
In accident claims the licence matters to the insurer's defence under Section 149(2). The Supreme Court has held that an absent, fake or invalid licence is not by itself a defence against third parties; the insurer must prove a breach by the insured owner, and even then may be made to pay the victim and recover from the owner.
What the law says
(10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;
Clause (10) defines driving licence
(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than [a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
Necessity for an effective driving licence
(3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.
Age limits for driving
Section 14, Motor Vehicles Act
(2) A driving licence issued or renewed under this Act shall,—
(a) in the case of a licence to drive a transport vehicle, be effective for a period of [five years]: ***
[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of [three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];]
Currency of learner's and driving licences
Section 181, Motor Vehicles Act
Whoever, drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine [of five thousand rupees], or with both.
Punishment for driving in breach of Sections 3 or 4
Section 149, Motor Vehicles Act
(1) The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident.
(2) An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government.
(3) If, the claimant to whom the offer is made under sub-section (2),—
Insurer's defences, including licence breach
Example
For example, A, aged fifty two, obtains a licence to drive a motor car. Under Section 14(2)(b)(iii) the licence is effective until A attains sixty.
For the exam
- Section 2(10) MV Act; a learner's licence is not a driving licence.
- No driving in a public place without an effective licence for that vehicle (Section 3).
- Age: 18 generally, 16 for a motor cycle up to 50cc, 20 for a transport vehicle (Section 4).
- Every licence stays effective for 30 days after expiry (proviso to Section 14(2)).
- Insurer must prove the owner's breach to avoid liability on licence grounds (Swaran Singh, 2004).
44 questions in the Law Maker question bank use this term. Practise Law of Torts questions
Judgments
Related terms
- Respondeat superiorA master or employer is liable for the wrongs of his servant committed in the course of employment, even though he did not himself commit them.
- Res ipsa loquiturThe thing speaks for itself. Where an accident is of a kind that does not ordinarily happen without negligence and the thing was under the defendant's control, negligence may be inferred.
- InjuryUnder Section 2(14) of the BNS, any harm whatever illegally caused to any person in body, mind, reputation or property.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.