Courtesy: H K aggarwal
India overtook China to top the world in road fatalities in 2006[1] and has continued to pull steadily ahead, despite having less population as compared to China and far fewer motor vehicles than many other nations. Traffic rules which form the essence of your take off in any journey necessitate to be understood in deeper sense. Rights play a chief role in resolving any plight you come across in life. As per the Latin legal maxim, “where there is right there is remedy”. So what are you supposed to do when stopped by a traffic police? Simple answer is – be aware of your rights.
So you have been caught by the traffic policeman for driving your car/bike without a valid licence or you are not carrying the Certificate of Registration vehicle with you, or worse you are driving after getting intoxicated, here are some pointers for you.
On Being Stopped By Policeman
—
- Stop your vehicle when a traffic policeman point towards you and ask him what the reason for him to stop you is. It is your right to be informed about the reason for such stop.
- A uniformed police officer has all the rights over people to stop any vehicle and seek information, and you are obliged to let them know about your name and at the same time, you are authorized to ask the officer-in-charge for his designation/buckle or identification number. In case if he does not have one, you may demand his any other identity card and upon his failure, you may also not show any of your documents.[2]
- Do not drop names of other policemen and influential people as it may give negative impact. If you are wrong, admit it frankly and try and seek pardon and he may let you off with a warning.
- He may note down the particulars of your license which may later be forwarded to the concerned court having competent jurisdiction. The court will then issue instructions regarding the course of action to be taken. If you plead guilty and send the requisite amount, the case will not be filed; else summons will be sent to you and the case will be judged on merit.
- The policeman may also impound your Driver’s License and issue a temporary license. You may apply for compounding of the offence by paying a fine at the police station under whose jurisdiction the license was taken, otherwise a notice may be issued from the court for putting in appearance and upon such failure; you may be arrested upon a warrant.
- If the policeman is an officer of rank sub-inspector or above, he may compound the offence on the spot by paying a fine.
- If you cannot find your vehicle, it is likely that it has been taken away for parking in the “no parking” area. The necessary information can be gathered from the passengers/local shop owners about any such happening.
- When a traffic policeman is stationed at a signal/crossing, he is the final authority and the traffic is managed at his set of directions irrespective of the electronic signals.
On Being Harassed By a Policeman/ On Being Asked to Pay Bribes
1. If a traffic policeman harasses/compels you for giving money for letting you go, do not get swayed by the same and reject it in its entirety. Allow him to impound your license but in no circumstance extend any bribe him even if coerced.
2. You may also contact traffic police station with a written complaint by mentioning all the particulars about the happening. The complaint shall necessarily include details about the concerned police officer and the amount of gratification amount asked for.
Duties and Rights of Foreign Nationals
If a foreign national wants to drive in India, then he/she has to take an International’s Driving Licence which is valid upto 1 year and can be used across the country. Although no special privileges are extended to them except for the one which is with respect to the language and its translation.
Other General Rights
–
–
1. If you are not aware of the language in which the policeman is talking then you may request him to talk in English and still if he is not agreeing to it, you may ask him to contact the superior authority to get the problem resolved.
2. Normally only a police officer who is designated under the provisions of the act is empowered to stop you at any time and place. There are times when you are stopped for no fault of yours and upon such compelled behaviour, you may disagree and take appropriate legal steps after noting the relevant information about such policeman and one such is to file a written complaint about him.
3. If you have violated the provisions of law, then you may be fined for the same in accordance with the stipulations and not otherwise as per the whims and fancies of the police officer.
The Motor Vehicle Act (MVA) 1988, Central Motor Vehicle Rules, 1989 and State Motor Vehicle Rules contain the provisions for the conduct of road traffic in India. As a ready reference for you, here are some of the penalties which are inflicted on a regular basis[3]
