Know Your Rights As Commuter: Is The Traffic Cop Booking You Under Relevant Sections?

Sep 05, 2019, 18:12 IST

Often, people who ride or drive vehicles are stopped by the cops suddenly. Some get panicked assuming that they have done something wrong while others get frustrated if they are in a hurry.There is nothing to worry if you are stopped by a cop and there are some rights that as a commuter you must know.
Below are a few points you need to keep in mind when stopped by the traffic police
1. Traffic police need to have a challan book or e-challan machine to levy a fine on you. Without these, they cannot levy any kind of penalties on you.
2. When you are stopped by the police, the first thing to be shown is your driving license. And you also have to provide documents required by the officer. Remember it is completely your choice to hand over the documents or not. According to Section 130 of the Motor Vehicles Act, "the driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his license for examination."
3. You must avoid an argument with the police and cooperate. In case you have flouted a rule, just explain it to the police politely and who knows they might even let you go.
4. You can be penalised for jumping a red light, improper parking, driving without helmet, overspeeding, smoking in the vehicle, not displaying number plate, driving without a license, a vehicle without registration, valid insurance or valid pollution under control certificate are all offences under Motor Vehicles Act.
5. In case the police make illegal demands, do not give in. In such a case, you can note his name and buckle number. In the absence of a buckle number, you can ask him to show his identity card. If he does not show his identity card, you can refuse to show him your documents. Also, do not attempt to bribe the police.
6. If the police officer is an officer of rank sub-inspector or above then you can settle the case by paying the fine.
7. In case you are driving without license or permit, the police may detain your vehicle. Police may also detain your vehicle if it is not registered.
8. Without a valid receipt, traffic police cannot take away your driving license. Your driving license can be seized if you jump the red light, overloading the vehicle, drunken driving and using mobile phone while driving.
9. Traffic police cannot tow your car as long as you are sitting in it. You have to vacate your vehicle before they can tow your car.
10. In case the traffic police detain you for any offence, you have to be produced in front of a magistrate within 24 hours.
11. If you feel you are being harassed by the traffic police, you can register a complaint with the police stating the facts of the case.
In case a prosecution slip or challan is issued to you, ensure it contains the following details-
1.Name and address of the court where the offence will be tried
2. Details of the offence committed
3.Date of trial
4.Vehicle details
5.Name and address of the offender
6.Name and signature of the challenging officer
7. Details of the documents retained