Being stopped by the traffic police is something that has
happened with all of us at some point or the other. If you get pulled over by
the traffic police, do not panic. Here are some important rights one should know
if pulled over:
It is mandatory for the traffic police to carry a
challan book or a e-challan in order to levy fines upon you. If they do not
have the challan, they cannot ask you to pay fine.
You must be calm and try to explain the situation to
the officer, if you have made a mistake, just try to explain to the
situation to the officer and he might even let you go.
If you are stopped by a police officer the first that
is asked of you is to produce the documents of your vehicle and you driver’s
license. It is mandatory for you to only ‘show’ these documents to the
police officer. Handing it over is not a mandate as per the law. Section 130
of the Motor Vehicle Act
categorically states that 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,
“produce” and not hand over.
You can face a fine for jumping a red light, improper
parking, drunken driving, driving without a helmet, smoking inside the
vehicle, over speeding, driving without a license, not displaying number
plate, lack of valid insurance or pollution control certificate, driving an
unregistered vehicle etc.
If the police officer is above the rank of a
sub-inspector, you can settle the offence by paying the requisite fine.
The police have the right to detain your vehicle if
it is unregistered or if you are driving without a permit.
Under no circumstance should you succumb to the
illegal demands of the police officer. Do not attempt to bribe the traffic
police. Ask for their name and buckle number. In case an officer is not
wearing a buckle, you have the right to ask for his identification card. If
a police officer refuses to give you his id card, you have the right to
refuse to give him your vehicle documents.
In case of seizure of driving license, the police
need to furnish you with a valid receipt. Your license can be seized if, you
jump the red light, overloading, drunken driving and using the mobile phone
The traffic police cannot tow your car as long as you
are sitting inside the vehicle. You must vacate the vehicle before it is
If you are detained by the police for an offence,
then you must be produced in front of the magistrate for trail within 24
hours of the arrest.
In case of issuance of a prosecution slip or a challan,
make sure the following particulars are present:
Name and address of the court where the offence will
Details of the offence committed
Date of trial
Name and address of the offender
Name and signature of the challaning officer
Details of the documents retained