Stopped by Traffic Police: Know your Rights

  Download Guide |  Corruption Human Rights

INTRODUCTION

Being stopped by a traffic police in the middle of the way is a very common phenomenon which is observed by almost every commuter every single day. This might be due to any rule breaking on behalf of any commuter or it might be a routine check where the police is on purpose asking for the registered papers of the vehicle along with the driving license of the commuter. The traffic police is responsible for the smooth flow of traffic and every commuter is bound to stop if he is being pulled over by a traffic policeman. However, there are certain situations when the commuters are pulled over without any apparent reason. In the wake of these circumstances, it is the duty of every commuter to know of his rights if h is being pulled over by a traffic policeman.

POWERS OF A TRAFFIC OFFICER

  • A traffic officer is authorized to inspect the necessary papers of a vehicle along with the driving license of the commuter. The registration certificate, insurance certificate, pollution papers of the vehicle and the driving license of the commuter are the compulsory documents one must have while driving a vehicle. If the commuter is driving a 2-wheeler then a helmet is also mandatory for the rider.
  • Absence of any one of the above-mentioned documents might lead to a confiscation of the driving license by the officer. The officer will hand over a temporary receipt on the confiscation of the license.
  • Every commuter is duty bound to follow the orders of the traffic police irrespective of the electronic signals.
  • A traffic officer is also authorized to seize the vehicle if the commuter fails to present any of the necessary documents.
  • A traffic officer is authorized to arrest without a warrant if he finds a commuter driving dangerously or not following any traffic rules.

THINGS TO REMEMBER WHEN PULLED OVER

  • It is the duty of every commuter to stop his vehicle and produce the necessary documents when the traffic officer stops a particular vehicle.
  • One may enquire to the officer the reason of stopping him but one must never get into an argument with the officer.
  • If the commuter has made any mistake then he must courteously ask for an apology to the officer and the officer might even let off the commuter without any fine.
  • If the traffic officer confiscates the license then the commuter may compound it by paying a fine to the officer known as chalaan. Otherwise, a notice will be produced by the court in the favour of the commuter.
  • It is advisable not to drop names of any police officer or any influential people.

RECOURSES ON BEING HARASSED BY A TRAFFIC OFFICER

  • A commuter must never submit himself to the illegal and unnecessary demands of a traffic officer.
  • The traffic officer should be allowed to impound the license and no bribe should be offered to the officer.
  • The commuter must note down the officer’s name on the plate stuck on his shirt. If he does not have the plate, his identity card must be asked and if he does not have the identity card then the documents should not be submitted to him.
  • A commuter may reach the officer about the complaint of any specific officer along with the particulars of the incident. However, it is desirable to send this complaint by a registered post.

Disclaimer: Legistify legal guides are not legal advice, nor a substitute of an advice from a lawyer.
We do our best to make sure these guides are helpful although there is no guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not solely rely on information provided here without seeking experienced legal advice. If in doubt, it is always advisable to consult a lawyer.

Get Advice From Top Corruption Lawyers