While driving on the road, it’s often seen that traffic police issue challans for traffic rule violations, and in serious cases, even suspend or revoke a driver’s driving license. However, a recent important decision by the Calcutta High Court has brought clarity to this matter. The court stated that traffic police have no authority to cancel or suspend a driving license. They can only confiscate a driving license under certain circumstances.
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Court’s Decision and Legal Basis
In a landmark judgment delivered on July 24, 2025, the Calcutta High Court held that traffic police officers do not have the power to confiscate or revoke a driving license. This power rests solely with the licensing authority. The court clarified that, under Section 206(4) of the Motor Vehicles Act, 1988, and other relevant sections, police officers can only confiscate a driving license if the driver is found guilty of serious offenses such as dangerous driving, drunk driving, or speeding.
Justice Parthasarathi Chatterjee stated in his judgment that even in cases of traffic violations, officers must have compelling reasons to confiscate a driver’s license. He also added that such action must be taken within the bounds of the law.
What was the case?
This case involves Subhrangsu Panda, a Kolkata-based lawyer. He was stopped by traffic police for speeding. The lawyer alleged that the police first confiscated his driving license and then demanded cash payment on the spot instead of issuing an online challan. Following this incident, the lawyer filed a petition in the court.
After an investigation, the court dismissed all charges against the petitioner. It also issued a warning to the traffic police officer concerned and directed senior officials to provide training to all traffic personnel on the Motor Vehicles Act and other legal provisions.
What does the law say?
The High Court also stated that, according to Section 2(20) of the Motor Vehicles Act, 1988, only the “licensing authority” has the power to cancel or revoke a driving license. Traffic police only have the power to temporarily seize a license so that it can be sent to the relevant authority for further action.
With this decision, it is now clear that no traffic police officer can directly cancel or suspend a driver’s license. This decision will not only strengthen compliance with the law but also make the general public aware of their rights.
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Court’s Directions and Further Procedures
The court has issued strict instructions to state police officials in this matter to educate all traffic police personnel about the law and educate them on the circumstances under which a driving license can be confiscated. This decision is expected to curb arbitrary decisions by traffic police in the future and increase transparency in the traffic system.