Stopped by the Traffic Police? Here are Your Rights and Things You Should Know

If you are a two-wheeler or four-wheeler driver in India, then at least once in your life, you will be stopped by the traffic police. There is nothing much to worry if you are stopped by traffic police, but there are some rights that as a commuter you should know:

1. Traffic police are required to carry a challan book or e-challan machine in order to penalise you. Without having any of these, the police cannot penalise you.

2. If you are stopped by a traffic police, usually the first thing is that you must stop your vehicle and produce documents required by the officer. Remember you are only required to show the driving license to the police. It is completely your choice if you want to hand over the documents or not. 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.

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3. You must avoid an argument with the police and cooperate. In case if you have made any mistake, just explain it to the police and they might even let you go.

4. You can be penalised for jumping a red light, improper and obstructive 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.

In case if a prosecution slip or challan is issued to you, ensure it contains the following details-

  • Name and address of the court where the offence will be trialled
  • Details of the offence committed
  • Date of trial
  • Vehicle details
  • Name and address of the offender
  • Name and signature of the challaning officer
  • Details of the documents retained

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