How to deal with traffic police and traffic laws in India?

Road Traffic: Rules, Regulations, and Laws

Road Traffic: Rules, Regulations, and Laws

[Rights of people against the challan]

The highest number of deaths in India is caused due to road accidents.

Despite all such rules and regulations of traffic safety and the presence of traffic police that many accidents happen. Hence, we can imagine, if there will be no traffic police or rules, what would be the rate of road accidents and fatalities.

What should we understand?

Firstly, we should understand that traffic rules are made for our safety. They are implemented to help the country's general public so that everyone could be saved from mishappenings.

As we get to see in the daily news and in our surroundings, despite all such rules, regulations, and laws, accidents are happening in our country, resulting in grave loss of people's lives and the economy.

Governments have made different departments for handling different works, ethics, and problems of the country. 

Traffic rules are also implemented by them which are looked after and regulated by the traffic police.

The duty of traffic police is to ensure road safety and they have the right to file a challan of rule-breakers in honor of the law.

Documents, you must carry with you while driving

1. Registration Certificate of your vehicle (original or photocopy)

2. Valid insurance policy (original or photocopy)

3. Pollution Certificate (original)

4. Authorized Driving License (original or in “DigiLocker” mobile application)

There are three types of challans

1. On the spot challan
2. Notice challan
3. Court challan

On the spot challan

Traffic police may file a challan for the violations of rules and you can pay the fine on the spot, but if you are unable to pay at that time, then the police may take your vehicle's registration certificate (R.C) or your driving license (D.L) and in return for it they must give a valid receipt.

After fulfilling the formalities paying the fine in the concerned department of government, you can get back possession of your documents.

Notice challan

If the offender ran away from the spot after breaking rules or doing some offense then the police shall note the number plate of the vehicle and the challan will be sent to the registered address of the vehicle's owner, time of one month is granted to pay the challan, if in that time span fine is not paid then it shall be sent to the court.

Court challan

These are filed mostly in serious cases, likely in those matters where the offense may be penalized by imprisonment or fine, or both.

For example: In case of drunken drive police can file a challan on the spot and can send it to the court for further proceedings.

Identification of constable and head constable of traffic police

The Constable and head constable of traffic police must be wearing the white-colored uniform.

Constable can not file a challan and head constable can file challan up to Rs.100 only,

ASI and above rank officers can file a challan of above Rs.100.

Identification of an ASI (assistant sub-inspector)

Wearing a khaki or white uniform with a badge and one-star on both shoulder straps (★).

Identification of SI a (Sub-inspector)

Wearing a khaki or white uniform with a badge and two-stars on both shoulder straps (★★).

Identification of an Inspector

Wearing a khaki uniform with a badge and three-stars on both the shoulder straps (★★★).

Only ASI and above rank officers can file a challan of more than Rs.100.

Let’s know about some rights of the constable and head constable

1. A traffic constable (in uniform) can take your license for offenses like overloading, talking on mobile at the time of driving, drink, and drive, jumping red lights, crossing speed limits, etc.

2. A traffic constable has no right to arrest you or seize your vehicle.

3. A traffic constable has no right to take the vehicle’s keys out or even he has no right to ask for pollution papers (as it is RTO’s job)

4. Alone a constable can not fine you for any traffic rules violation.

5. A head constable can not prosecute you for dangerous driving.

6. A head constable can not stop or file a challan of a  commercial vehicle. (He can just observe the situation and  fill up the violation slip and notify the branch about it)

7. A head constable can fine only up to Rs.100.

Corruption by traffic police & rule violators

Somehow we face corrupted acts during a conversation with traffic police sometimes.

In some cases, people on their own ask an officer to sort out the matter personally in return for a bribe, and sometimes police officers can also be seen involved in these practices of settlement.

Sometimes police officers try to use their authorities wrongfully by taking a bribe (sometimes, initially police try for a settlement too). If someone tries to speak out against their arbitrary behavior, then they start misbehaving, harassing, threatening, and in some cases, they start hitting people who don't act according to their unjust orders.

Everyone should be aware of general laws of traffic and road safety rules so that they can avoid facing arbitrariness of police

1. The first and foremost thing that every person should check is that if traffic police stop someone for checking or doing challan of some lawbreaking, they must have an e-challan machine or challan book in order to penalize them and officers should be in proper uniform.

2. If they ask you to give them your license, then it is totally up to your choice if you want to hand over your document to them or you just want to produce it in front of them. (According to Section-130 of The Motor Vehicle Act,1988) the driver of a motor vehicle in any public place shall on demand by any police officer in uniform produce his license for examination. As you can see the law only says to produce not to hand over.

3. If you haven’t done anything wrong but still, the police officer is filing a challan of yours or asking you for a bribe by giving threats of police proceedings and traps of certain charges, you must handle the situation calmly, if possible, then you must collect pieces of evidence by recording video or collecting photographs.

4. The fine of most of the normal offenses is just Rs.100, if traffic police ask you for more then you should first confirm from an informational source or the internet, is legit or not?

5. Never try and attempt to bribe the traffic police officer.

6. While the traffic police officer is checking your vehicle or asking you about anything, at that time you should note his buckle number and his name.

7. In case, if an officer is not wearing a buckle, you can ask for an identity card, but if he refuses to show it, then you can also refuse to produce your documents, but still remember one thing, all this should be handled with calmness and cooperatively, you must avoid getting into an argument with the police.

8. If a traffic police officer is seizing your license, You should ask the officer for a valid receipt, without giving you a valid receipt they can not seize your license. Your license can be seized (if you jump the red light, for overloading, drunk and driving, for using a mobile phone while driving).

9. Always remember to park your vehicle at a safe and parkable place to avoid the scenario of the police towing your car. [Till you are sitting in the car, police can not tow it].

10. You must be produced before the magistrate within 24 hours for the trial if you are detained by the police.

11. You can file a complaint to the high-rank police officer if you are harassed by some traffic police officers.

If you are charged for some offense by traffic police you should get all the details via slip which should contain:

1. Name and address of the court where the offense will be trialed.

2. Details of the offense committed.

3. Date of trial.   

4. Details of the vehicle.

5. Offender’s name and address.

6. Challan filing officer must have done his signature with his name on it.

7. Details of confiscated documents.

If the police harass you or file a challan for no reason

1. You can file a complaint to the superintendent of the district or senior superintendent of police or PCA (police complaint authority), related to the offenses committed by traffic police. If you have some evidence with you, attach it with the complaint, and importantly attach the challan's receipt with the complaint. 

You can file it by post, you must get the post slip and keep it safe with you, as proof for further proceedings.

Nowadays, the complaint can also be filed online through the complaint portals provided by the government.

2. Accept the challan and don’t indulge in misbehaving with a police officer it will show that you are a responsible citizen that’s why you are treating them with respect, accepting the unjust challan doesn’t prove you guilty.

3. You must carry on the complaint procedure.

4. Ask for a copy of the file from the concerned authorities who conducted the legal actions against the police officer who misbehaved with you and filed a challan without telling any reason.

If the police did something unjust

There are some sections of INDIAN PENAL CODE (IPC), which can be enforced against those traffic police officers who did anything unjust with the people unlawfully.

1. Section 166 of IPC for misbehaving.

2. Section 323 of IPC for slapping or hitting.

3. Section 504 of IPC for using abusive language.

4. Section 506 of IPC for threatening.

5. Section 325 of IPC for grievous hurt

Taking keys out of your vehicle by any police officer is not legit conduct, it is an unlawful exercise.

If your license is seized, always remember to collect a valid receipt so that you can get your license back after paying a fine or after the specified time period. It is seized for 3 months in most cases.

 Your license can be seized: 

1. In case of drunken driving (If in 100 ml of blood, 30mg (or more) alcohol is found then the offender can be imprisoned in lock-up without any warrant.) 

2. In case of red light jump

3. In case of overloading

4. In case of overspeeding in a dreadful manner

5. In case of using a cell phone (calling) while driving.

About the number plates of the vehicle

1. Only government-authorized number plates must be placed on your vehicle.

2. If the number plate of your vehicle is twisted, broken, or is not in a proper condition, or if the text is not properly placed or visible, you can be fined for this.

Traffic police can tow your vehicle if

1. If you have parked your vehicle in a wrong manner or no parking zone or parked it in such an obstructive manner that creates trouble for another person, then you can be questioned and your vehicle can be towed if you are not sitting inside the vehicle.

2. While your vehicle is being towed, the officer has a duty to ask you to take out anything important if that is inside the vehicle, he shall give you time for it.

Could you be fined twice a day for the same offense?

No, You can't be fined twice on the same day for the same offense.

Special privileges for the women

1. The special privileges for women are only in the case where they have to be arrested and lodged at a police station. 

2. In that case, female police officers would have to be called for, and the “lock-up” most probably would be in a women’s police station.

3. Women cannot be locked up in police station lockups that do not have women police officers on duty.

Other related information that you must be aware of:

1. Being a respectful and responsible citizen, you can ask them to treat you with respect, as it is their duty and your right too.

2. If you are taken to the police station, police can not harass you for any traffic offenses.

3. You can keep a photocopy of insurance and R.C with you now, no challan can be filed on behalf of it and no officer can ask you for original documents.

Generally, people fear to help someone in an accident, they think that they will get involved in the mess of legal proceedings but you should know that your responsibility ends when you help an injured person by giving the possible first aid on the spot. Further responsibility is of doctors to inform the police and witness the case.

The writer is pursuing a degree of BA.LL.B (Bachelors of legislative law)

From, Department Of Law, Maharshi Dayanand University (Rohtak) Haryana, INDIA.

Reach him at Instagram @shivaanshvermaa