Surrendering of Driving License
Gaurav Gupta
(Querist) 25 September 2019
This query is : Resolved
Hello Experts, My problem is about surrendering my current driving license on the grounds of fake supporting documents. At the time I applied for a new license, I was under age as my Driving license was issued by Agra RTO In October 2010 while my DoB is May 1993. so I faked the document related to my DOB on advice of an agent, and that RTO agent made it as May 1992 on photocopy of my 10th CBSE marksheet. Back in 2010, I was not aware that I was committing a crime. As a 17 years old teenager all that forgery was just cool for me. Later, after some years when I realized that I had committed a crime.I have been wanting to surrender this license since that time but I never got to know the correct procedure for that or even if it is possible. Can anyone here please advice me how should I proceed? I want to surrender this driving license, and apply for a New Driving License. or get my actual DOB on the Old license by submitting the real document.(although I was of 17 at the time of DL issuing date).
Kindly help me out. Out of ignorance, I committed this crime and now I do not want to end up in jail, just cause of this silly mistake I did in past.
Is there any way out via judiciary? I am ready to pay up the fine(if any).
Also please let me know that which legal sections of which act are applicable on me, if I ever caught up by authority. (Kindly keep in mind, I was juvenile of 17 years of age at time of commitment of this crime, and my family members weren't also aware of all this)
Thanks in advance 🙏
Isaac Gabriel
(Expert) 26 September 2019
Don't worry.Contact the RTO and expalin your plight.You have not stated the present age.There is possibility to obtain fresh licence and cancel the previous one.
Gaurav Gupta
(Querist) 26 September 2019
Thanks for your reply asaac sir. I am of 26 now. My actual DoB is may 1993. Should I contact to the RTO directly? Can they start a criminal procedure against me? Someone informed that they can book me under IPC 182, 415 and 420. I am worried about it.
P. Venu
(Expert) 26 September 2019
Has any problem arisen because you had given the wrong information.
Dr J C Vashista
(Expert) 27 September 2019
It would be better to consult a local prudent lawyer for appreciation of facts/documents, guidance and proceedings.
Hemant Agarwal
(Expert) 03 October 2019
1. IRRESPECTIVE of your story and your "then" minor age, you become liable for criminal prosecution, for cheating & misleading the Govt. Agency. There is no exemption or any solution to this and the RTO does not have authority to condone any criminal offence, for your portrayed innocence of accepting this fact after 9 years.
2. Just simply surrender your license and obtain a cancellation order. Do this clandestinely. AND feel lucky to escape the criminal prosecutions.
3. AFTER point no. 2, wait for a few weeks and Apply again for the driving license with the correct documents.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Sudhir Kumar, Advocate
(Expert) 04 October 2019
first of all you had contacted "tout" not "agent" as stated by you. RTO do not keep agents.
Sudhir Kumar, Advocate
(Expert) 04 October 2019
you went the person for help in fraud. so he helped you.
you never acted innosently as projected by you.
Sudhir Kumar, Advocate
(Expert) 04 October 2019
Then you believe that you are innosent as your were 18(-) at that time.
Fine.
IPC applies to a person between the are go 7-12 depending upon the maturity. After 12 the person is fully liable for violation of IPC.
JJ Act only regulates the provision of trial / punishment and lodging of juvenile. It does not provide any immunity.
Sudhir Kumar, Advocate
(Expert) 04 October 2019
You believe that you were not aware that you were committing a crime.
Firstly of all ignorance of law is not at all excuse for criminal liability.
Secondly you were aware. You did not approach the counter of RTO office with request to give your license without age of 17 you contacted a tout.
You knew that you are doing something which is not regular. You knew that authorities are not giving you license on knowing the truth and you induced them to give you license by misrepresentation. Your action matches the with the contents of section 415 and 420 of IPC.
Sudhir Kumar, Advocate
(Expert) 04 October 2019
If the DOB on the license and on your Adhar card, matric certificate etc is different then it may be difficult to obtain bail if arrested in any accident or traffic related charge (even if bailable).
