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ALL YOU WANT TO KNOW ABOUT CHALLAN AND YOUR RIGHTS ALLIED TO IT

Indian Traffic Rules

Never surrender to any illicit requests made by the police. Try not to endeavour to pay off the traffic police. It is what you can anticipate. In the event that you are a bike or four-wheeler driver in India, at that point at any rate once in your life, you will be halted by the traffic police.

There is not a lot to stress on the chance that traffic police halt you; however, you should know a few rights as a responsible vehicle driver you should know:

  1. Traffic police must have either a challan book or e-challan machine to punish you. Without having any of those mentioned above, the police can’t cut a challan to you or penalize you.
  2. On the off chance that a traffic policeman stops you, you should stop your vehicle and produce archives required by the official as a rule interestingly. Recall you are just required to show the driving permit to the police. It is totally your decision if you need to hand over the reports or not. Section 130 of the Motor Vehicle Act completely expresses that the driver of an engine vehicle in any open spot will, on request by any cop in uniform, produce his permit for assessment. As should be obvious, the law just says, “produce” and not hand over.
  3. You should maintain a strategic distance from contention with the police and collaborate on the off chance that you have committed any error, merely disclosing it to the police, and even releasing you.
  4. You can also show all forms of documents to the officer in electronic form and should not worry if you do not have the documents in physical form. In fact, according to a circular released by the Ministry of Road Transport and Highways (MoRTH) dated 17.12.2018, documents like Driving License (DL), Registration Certificate (RC), Insurance and PUC can be shown to traffic police in the electronic form.
  5. Never surrender to unlawful requests of the police. Try not to endeavour to pay off the traffic police. Note down the clasp number and the concerned officer’s name. If he is not wearing his clasp, approach him for his personality card. If he does not give you his personality card, you can decline to give him records or documents.
  6. You can be punished for hopping a red light, ill-advised and obstructive leaving, driving without head protector (helmet), over speeding, smoking/drinking alcohol in the vehicle, not showing number plate, driving without a permit, a vehicle without enrollment, legitimate protection or substantial contamination levelled out authentication are on the whole offences under the Motor Vehicles Act.
  7. If the cop is an official of rank sub-monitor or above, you can settle the offence by paying the fine.
  8. If you are driving without permit or license on the off chance, the police may keep your vehicle. Police may likewise keep your vehicle if it isn’t enrolled.
  9. Without a legitimate receipt, traffic police cannot remove your driving permit. Your driving permit can be seized on the off chance that you bounce the red light, over-burdening, smashed driving, and utilizing the cell phone while driving.
  10. Traffic police can’t tow your vehicle as long as you are sitting in it. You need to clear your vehicle before it can tow your vehicle.
  11. If traffic police pester you, at that point, you can document a grievance with the police, expressing the specifics of the whole episode. If you are kept by traffic police for the offence, at that point, you should be delivered before the judge inside 24 hours, for the preliminary.
  12. If traffic police keep you for the offence, you should be delivered before the judge inside 24 hours, for the preliminary.
  13. The traffic cop cannot seize your vehicle keys or force you out of the car by opening the door.
  14. If you are female or accompanied by a female and you are being stopped after 6 pm, you can ask the cop to bring a female cop. A male cop cannot physically search you.
  15. Do not argue with the officer lamely as his foremost duty is to do his duty.

Types of Challans

  1. One the spot challan:  If you are caught while stealing, then the penalty is collected immediately from you by cutting the challan. However, if you, by any cause are unable to pay the penalty at that time, then police keep your driving license and give you challan and afterwards, paying your penalty, driving license gets returned to you.
  2. Notice Challan: If you run away by breaking any traffic law, then at that situation, police note down your vehicle number and send the challan at the sanctioned address of the owner of the concerning vehicle. For which one month is given to pay your challan and if you do not pay that in accordance with the said duration, then it is sent to the court.
  3. Challan of the Court: This challan is, by and large, imposed upon breaking the traffic laws. In this challan, there is also a provision of punishment with a penalty. For instance – if you are caught driving your vehicle having intoxicated, then in that situation challan will be made on the spot, but you have to go to the court to pay the penalty.

On The Off Chance That If an Indictment Slip or Challan Is Given To You, Guarantee It Contains the Accompanying Subtleties

  • Name and address of the court where the offence will be tested
  • Subtleties of the offence submitted
  • Date of preliminary
  • Vehicle information
  • Name and address of the guilty party
  • Name and mark of the challaning official
  • Information of the records held

References


1. Legal Rights Related To Traffic Police


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Written by Ritik Gupta

His name is Ritik Gupta; currently pursuing law. He has always kept pride as his everything. He deems writing as not like any other hobby but a reflection of one’s intellectuality. He likes to research on the parasitic problems and then lay them down in such a means that can be of assistance to the society. He just not studies law but treats it a controversial weapon to defeat the wrong.

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