Stopped By Traffic Police: Know Your Rights
By Advocate Balaji A Kamble / 2017-04-07
The progress of any nation is indicated by the development of its transportation system. With the fast-growing vehicle population of the nation, there is a rapid increase in traffic problems. Particularly in city conditions, traffic violations are a common occurrence and more so a hindrance to daily life. Hence there is an increase in requirement of tougher traffic control systems.

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It is a common phenomenon that is experienced by every other person at least once in their life- WHAT WILL YOU DO WHEN YOU ARE STOPPED BY A TRAFFIC POLICE?  It is the job of a police officer to ensure that law and order in a society are maintained. And they are equipped with means and sometimes coercive indispensable powers to ensure the same. The same principle applies to traffic police. The primary duty of a traffic police is to ensure the smooth movement of traffic and deter any rule breaking. However, there are times when you are being pulled over by a police for no apparent reason. In that scenario, it is pertinent to know what are your rights and what should you do when faced with similar situation.

Why are you being pulled over?

A traffic officer can stop a vehicle at any time and for any reason on any articulable suspicion, whether there is apprehension over your driving, suspicion over a traffic infraction or any other crime.

Powers of a Traffic Officer

  1. A traffic officer is empowered to demand your driving license and inspect other necessary vehicle documents such as a registration certificate, insurance certificate, valid PUC certificate and a fitness permit. It is pertinent to carry the original documents and produce them when demanded. "Failure on your part might lead to fine or arrest and court proceedings".
  2. He/She may impound your driving license and other vehicle documents if deemed necessary. Such police officer shall give to the person surrendering the license a temporary acknowledgement receipt. Such receipt shall authorise the holder to drive until the license has been returned or until such date specified in the acknowledgement receipt.
  3. A traffic officer is an absolute authority on a road. If he/ she give you instructions, it is your duty to obey them, regardless of the electronic traffic signals.
  4. A police officer is empowered to seize and detain your vehicle if you are driving without your license, permits, and certificates or if your vehicle is not registered.
  5. A police officer in a uniform may arrest you without a warrant if you are found in his/her presence committing an offence such as driving dangerously or under influence or using a vehicle without authority.
The progress of any nation is indicated by the development of its transportation system. With the fast-growing vehicle population of the nation, there is a rapid increase in traffic problems. Particularly in city conditions, traffic violations are a common occurrence and more so a hindrance to daily life. Hence there is an increase in requirement of tougher traffic control systems.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


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