All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
85.

Under section 20 of the M.V. Act If a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for

A: Imposing penalty only
B: Punishment only
C: Both punishment and penalty
D: Disqualification under the Act.

The answer is: D

Explanation

The correct option is D: Disqualification under the Act.

This is because Section 20 of the Motor Vehicles Act, 1988 states that if a person is convicted of an offence punishable under Section 189 (racing and trials of speed), the court shall ordinarily order for the disqualification of such person from holding or obtaining a driving licence for a period of not less than one month. The court may also impose a fine or imprisonment or both, as per Section 189. However, the disqualification is mandatory unless the court has special reasons to the contrary, which it shall record in writing.

Option A is incorrect because imposing penalty only is not sufficient to deal with the offence of racing and trials of speed, which endangers the safety of other road users and violates the traffic rules. The court has to order for the disqualification of the offender from holding or obtaining a driving licence, unless there are special reasons to do otherwise.

Option B is incorrect because punishment only is also not sufficient to deal with the offence of racing and trials of speed, which shows the irresponsibility and recklessness of the offender. The court has to order for the disqualification of the offender from holding or obtaining a driving licence, unless there are special reasons to do otherwise.

Option C is incorrect because both punishment and penalty are not enough to deal with the offence of racing and trials of speed, which requires a deterrent and preventive measure. The court has to order for the disqualification of the offender from holding or obtaining a driving licence, unless there are special reasons to do otherwise.