In this blog post, Shreya Shikha, a second-year student pursuing B.B.A LLB (Hons.) from Chanakya National Law University, Patna enumerates what needs to be done if a traffic police harass you. 

It is nearly a common experience for many Indians to encounter a traffic police. There are many reasons for this like people often don’t care about traffic rules and are used to breaking it. Many a time people overtake others, run their motor vehicles like racing cars and end up injuring others and themselves too. If someone breaks any traffic rule, traffic police are there on roads to stop you and will fine you for your negligent act.download (7)

There is nothing wrong in this. But the problem starts when a traffic police asks for a bribe or assaults any person of enhancement of penalty under Section 179[1] of Motor Vehicle Act, 1988. Most of the time people want to keep themselves away from any legal actions and pay the bribe amount.

Kindly don’t do this So, let’s start with the Traffic Fine Rules so that you will be able to deal with the situations when a traffic constable harasses you.

 

Traffic Fine Rules

  1. A Traffic constable cannot arrest or seize your vehicle. But, a traffic constable can take your license for traffic offences like overloading, carrier vehicle carrying passengers,[2] jumping red lights,[3] talking on mobile while driving[4], drink and drive,[5] and for fast driving,download (5)
  2. A Head Constable cannot prosecute for dangerous driving (fine 1,000 Rs.), use of mobile phone while driving (fine 1,000 Rs.), disobeying the lawful direction of a police officer (fine Rs. 500), over speeding (fine Rs. 400) and driving without insurance (fine Rs. 1,000).
  3. A Head Constable is not empowered to prosecute a commercial vehicle. Neither he can stop it nor sue a commercial vehicle. The only thing that he can do is if he notices any offence is that he can fill up a violation slip without stopping the vehicle and notify the branch.
  4. A Traffic constable cannot even ask for your pollution papers as its RTO’s job. He is also not supposed to take out keys from your vehicle.

Note: Exemption from the use of the helmet is granted for Sikhs and people with surgery on ears which is also called Mastoid surgery.

How much fine can be imposed by different traffic police officers?

According to The Indian Motor Vehicle Act, 1932, traffic officers of and above the rank of an assistant sub-inspector are authorised to give away traffic violation challan or notices, which are for spot fines only. Officers of the rank of ASI (one-star), sub-inspector (two-star) and inspector (three-star) are authorised only to collect spot fines. Constables can only help them in doing so. One can certainly recognise the designation of the traffic police by their uniform. The traffic police from the rank of a constable to ASI wear the white coloured uniform and inspector and rank above wear the khaki coloured uniform.[6]

How much fine a traffic police can impose?

A constable cannot fine you for any offence. The head constable can fine only up to 100 rupees, only ASI and SI can penalise for more than 100 rupees. One more thing for your knowledge is that the fine for most offences is Rs.100, for over speeding Rs.300 & for drunk & driving up to Rs.2,000 (through court only).

Provision of fine for two different offences

Another thing that needs to be kept in mind is that for two separate offences at the same time, the penalty for it is distinct like for overtaking and smoking inside a vehicle, traffic police can fine you Rs. 100 for each offence that is the total of Rs. 200. There are two types of penalties;download (8)

  • On spot fine: It is done when you break any Traffic rule and are not in a condition to pay the challan amount then the police will seize your license.
  • Notice Challan: If someone has broken the rules and ran away from police or police could not stop the vehicle then police notes down his number and sends a challan to his place.

What are the essential original documents you need to carry with yourself while driving any motor vehicle?

You are required to keep the original driving license and pollution under control certificate and a copy of RC and insurance with you all the time.

 

So these are the rules for traffic police and apart from that if a traffic constable has stopped your vehicle and ordering you to show papers, then you may deny doing so and say that you will only show it to an officer. Not only that, you can file a complaint to his superior authorities as well. You may file a case against him in the local police station or just call 100 and inform of the misconduct by the police constable.

Below is the link where you can find the message of Joint City SP, and know more about your rights; https://www.facebook.com/notes/delhi-traffic-police/know-your-rights-head-constable-of-traffic-police-has-only-limited-prosecution-p/224874257542343/

For various traffic offences and penalties, you may refer to the below link of Delhi Traffic Police; https://delhitrafficpolice.nic.in/public-interface/traffic-offence/

 


 

References:

[1] Section 179 of Motor Vehicle Act, 1988- Disobedience of orders, obstruction and refusal of information

[2] Section 123 of Motor Vehicle Act, 1988- Riding on running board

[3] Section 119 of Motor Vehicle Act, 1988-Duty to obey traffic signs

[4] Section 184 of Motor Vehicle Act,1988- Driving dangerously

[5] Section 185 of Motor Vehicle Act, 1988- Driving by a drunken person or by a person under the influence of drugs.

[6] https://indialegalaid.wordpress.com/

11 COMMENTS

  1. In Pune i was fined 2100 rs , but they finally settled in 50 rs. Traffic Police are not there to fine people but to fill there pockets , I have one question how can they charge for driving when there is no road to drive in pune hinjewadi area. So many people are driving wrong side and using mobile while driving , why they are not caught. I tell you why because they are not potential candidate from where they will get any money. They really don’t care about traffic and rules they simply want to fill there pocket.

  2. How to avoid NO parking fine
    we can take care of precautions of having helmet, proper driving, follow traffic signal etc, ride with DL etc,drink and drive )
    Which are under rider control.
    But what can be done for no parking fine. Parking sign and no parking sign is never displayed properly.
    How to know where to park vehicle.
    You need to pay hefty fine for even parking vehicle without obstructing road.
    is the acche din promised by government.

    Government wants to increase sell of vehicle when roads are narrow and in pathetic state.
    And on top of that fines is collected for no parking where rider does not have option to avoid to do anything..

    mohan

  3. I was riding bike in the road of kolkata near tollygunge and regent traffic police stopped us and violently slapped us…..and given us fake cases and took me to the police station. I hate kolkata police bcoz of these peoples. U can check the CCTV footage. Plz help me. my contact number-8908731654.

  4. Tell me how can i lodge case against traffic police. And whats proof required coz we don’t have any proof if traffic office charge extra fake challan on u. In this situation wht should we do please suggest

  5. A police officer gave me a receipt of ₹5000 for tripling and took my RC.
    I had all the documents with me.

  6. Aaj morning me mai office aa rha tha thoda late ho jane ke karan mai one way me leliya fir 1 traffic police wala muje rok liya fir mera sb document deka fir le gya muje aur bol rha wrong side ka fine lgega mene bola thik hai. Fir kai baar puchha kaat du, mene bola ha fir wo 1100 ka kaat dia. Fir mene google pe check kiya to kewal 100 fine hai fir mene puchcha to bola dangerous driving bhi hai. Fir mene bola ye kese ho gya ab bol rha aise hi hota hai fir mene bola kuch to manak hoga jisase pata chale ki dangerous driving hai ki apne man se kuch bhi laga doge fir waha dusra aadmi baitha hua tha wo bol rha bhai C.P.(Gurgaon traffic police comissionar) Sir ka order h wrong side per dono kaatne ka fir mene bola ki tb do category kyo bnaye hai alag alag dono charge 1 me hi laga dete ki wrong side ka 1100 hoga.

    Ye ghatana gurgaon udyog vihar phase v me Head Post Office ke pass ka hai.

    So please help me muje kya krna hoga.

  7. Aaj najafgarh Delhi me ek trafic constable ne meri bike rukwa li or usme se Key nikal lia jb mene usse bola toh behes krne lga ..Lekin usse mene apni bike ki Key wapas chin li tb saalo ne jakar 100 rupees maangne lge…bsdke saale Bhikari

  8. Here in Jaipur gopalpura mod police threat me for 400rs fine and seizing my vehicle for not wearing helmet. refuse to give them bribe and they threat to increase fine with fake charges finally I give them 200rs bribe to let me go.

  9. This is normal in India, beggar traffic police people use fake charges against you if you dont pay them bribe. Idiots. I dont know why govt. doesnt see these things happening right infront of them.

  10. Maine red light jump ki thi or traffic police Mera license rkh liya h or challan Mai ek jhuti dhara jod di kyuki Maine unhe rishvat nhi do this red light jum ke sath dangerous driving ki or kha court see Lena license so plz help me sir .

  11. Police charge me 500 Rs for no wearing he helmae & as per rule MVA129/177 fine amount is 100 rs only. What to do please help me

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