Using Fake Driving License as Genuine Violates Section 471 IPC: Kerala High Court Highlights Threat to Road Safety and Public Trust

Post By 24law
January 26, 2025

Pranav B Prem

The Kerala High Court, in a recent judgment, held that using a fake driving license as genuine constitutes an offense under Section 471 of the Indian Penal Code (IPC). The judgment highlights that such acts compromise road safety and undermine public trust in the system. Justice M.B. Snehalatha delivered the verdict while hearing a Criminal Revision Petition challenging the conviction and sentence of an autorickshaw driver accused of presenting a forged driving license during a vehicle check.

The Case Background

The case stemmed from a 2010 incident in which the accused, Abhijit George, was intercepted near the Government High School in Mananthavady during a routine vehicle check. Upon being asked for his license, the accused produced a forged document. Subsequent verification with the Regional Transport Office revealed that the license was counterfeit and had never been issued. The accused was charged under Sections 468 and 471 of the IPC. While other co-accused involved in the forgery were acquitted, Abhijit George was found guilty under Section 471 IPC by the trial court and sentenced to one year of simple imprisonment and a fine of ₹3,000.

High Court Observations

Dismissing the revision petition, the High Court noted that the accused knowingly presented the forged license to deceive the authorities. Justice Snehalatha emphasized,“Accused has no plausible explanation for possessing and using the forged driving licence. By possessing and using a forged driving licence as genuine, he tried to deceive the police authorities. It stands established that A1 in a fraudulent and dishonest manner produced a forged driving licence before the police officials at the time of vehicle checking and thus tried to defraud them, by knowing fully well that it was not a genuine driving licence”. The Court held that the evidence provided by official witnesses, including the police and transport authorities, was credible and sufficient to establish guilt. The Court further rejected the accused’s argument that he was unaware of the license’s authenticity.

“Using a fake driving licence as genuine not only violation of Section 471 IPC but also undermines and compromises road safety and public trust. … This Court find no reason to interfere with the concurrent finding of the learned Magistrate and the Sessions Court that A1 is guilty of the offence under Section 471 IPC. Therefore, his conviction for the offence under Section 471 IPC is maintained.” it further observed. The High Court highlighted that possessing and using a forged driving license amounts to fraudulent and dishonest conduct. It also stressed that such actions carry broader implications for public safety, as driving without proper authorization can lead to accidents and fatalities.

Sentence Modification

While maintaining the conviction, the Court reduced the sentence of imprisonment from one year to three months, considering that 14 years had passed since the incident. However, the fine of ₹3,000 and a default sentence of one month for non-payment of the fine were upheld. The Court also noted that the Probation of Offenders Act could not be invoked in this case due to the accused’s prior conviction for offenses under Sections 279 and 304(A) IPC and the Motor Vehicles Act.