India, New Delhi: Every day millions of people are caught in by traffic police in India. 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. However we are not much sure what are our rights when we are being caught. So who can be caught by a traffic police.
Instructions of Challaning Officers
- A motor vehicle shall be stopped for challaning only on the commission of a visible traffic offence. A motor vehicle can be stopped for checking of documents only under the specific instructions of senior supervisory officers.
- While stopping the vehicle due care shall be taken that no hindrance is caused to the smooth flow of traffic. The vehicle shall under no circumstances be stopped on the road intersection/rotary.
- The challaning officer shall walk to the point where the vehicle is stopped and shall first greet the driver and then tell him the reasons for his vehicle having been stopped in polite language. The driver (traffic offender) shall be addressed with dignity. The conversation with offender should be polite and brief.
- The demand for the production of the driving licence and other documents shall be made politely. It is the duty of every motor vehicle driver to carry the original driving licence at all times and produce the same on demand by a police officer in uniform. The production of registration certificate, permit, and fitness certificate can be done within 14 days and the production of insurance and pollution under control certificate within 7 days. In case of failure to produce the driving licence, the driver shall be challaned for the same. In case of failure to produce the registration certificate, insurance etc. the driver shall be given a notice (printed at S.No. 1A) to produce the same for inspection (the driving licence shall be seized to ensure compliance to the notice).
- The challaning officer shall seize the driving licence of the driver under section 206 of the MV Act to ensure appearance of the offender before the Court. In case of failure of the driver to produce the driving licence the registration certificate shall be seized under section 207 of the MV Act. In case the driver fails to produce both documents the vehicle shall be impounded under section 207. No other documents, personal bond etc shall be seized at the time of challaning.
- When a driver is challaned he shall be permitted to record his brief comments before signing the challan receipt. In case the driver poses resistance to the challan the challaning officer shall politely caution him that this shall lead to an enhancement of the penalty under section 179. In case the driver tries to intimidate or influence the challaning officer in any manner the challaning officer shall record the same on the reverse of the original challan form and also inform the Traffic Control Room where an entry shall be made in the log book.
- In case the driver uses abusive language and uses or threatens to use physical violence, the Traffic Control Room shall be informed by the challaning officer, which shall in turn call for a reserve officer from the Police Station having jurisdiction for initiating legal action. The nearest traffic interceptor shall also be directed to reach the spot for assistance. The voice recorder & video recorder shall be employed to record evidence of the misbehaviour shown by the traffic offender.
- In case any physical violence is actually affected upon the challaning officer a criminal case shall be lodged and the Zonal Traffic Inspector shall personally supervise the same.
- In case the driver wants to lodge a complaint against the challaning officer he shall be politely informed that he can lodge a complaint at the toll free traffic helpline number 1073 and ask for his complaint number. He shall also be informed that he can contest against the challan by appearing in the court on the date and time mentioned by the challaning officer on the challan form. The challaning officer shall promptly give his name and belt number to the driver wanting to know the same.
Remember your vehicle can be stopped if you’ve committed a visible traffic offence or at police checkposts.
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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