Stopped By A Traffic Police? Here’s What You Need To Know About Your Rights

These tips will help you handle traffic police-related situations calmly and reduce unnecessary stress

So you're driving calmly on the road, wearing your seatbelt, following all the traffic rules, and just minding your own business. Then, suddenly, you see a traffic policeman signalling you to stop and pull over. In that moment, there’s an adrenaline rush and you start thinking about what went wrong - a mix of fear, frustration and slight aggression begins to build up. 

If you’ve ever been in this type of situation or might be one day, it’s important to know your rights as a driver. Read on…

You Can Ask for the Cop’s Identification:

• First off, understand that traffic police can stop you for routine checks even if you're not breaking any rules. It's part of their job to ensure road safety and enforce regulations. So, don’t be alarmed or assume you’ve done something wrong right away. 

• If stopped, you have every right to ask why. Politely, of course! Check if the cop who has stopped you is in uniform with a visible name tag. Feel free to ask for their ID if it’s not clear. If the person stopping you is in casual clothes and can’t show any identification, you may politely refuse to hand over your documents. 

Quick Tip: Always keep these documents handy in your glovebox or DigiLocker app: driver’s license, vehicle registration certificate (RC), insurance certificate, and pollution under control certificate. 

Let’s say your licence has already been taken by an authority—maybe for a previous traffic violation. In that case, you can show a receipt or acknowledgment that proves your licence has been submitted elsewhere. 

Failure to produce these documents when asked can cost you hefty fines and penalties.

Know the Fines for Common Offences:

*Vehicle registration certificate

Salil Tiwari, Senior Correspondent, Lawbeat.in, a comprehensive legal news platform which works in collaboration with CNNNews18, says, ‘Ensure minors don't drive your vehicle. The Kerala High Court recently clarified that guardians/owners of vehicles can be prosecuted under Section 199A of the Motor Vehicles Act if a minor is caught driving, facing penalties including jail time or fines under Section 336 of the IPC.

Also Read: Fines And Penalties For Underage Driving In India 

Challan Process: Know Your Rights and How to Contest

If you’re fined (issued a challan), the traffic police should either carry a challan book or an e-challan machine. If they confiscate any of your documents, like your licence or insurance papers, you should ask for a receipt—don’t hesitate to do so!

Also, keep in mind that according to the Motor Vehicle Act, a constable can only fine you up to Rs 100 and only an Assistant Sub-Inspector (ASI) or higher ranking official can charge a challan of more than Rs 100. So, it's good to know who you're dealing with when faced with a fine! 

Tip: You can identify traffic police by their uniform: constables to ASIs wear white, while inspectors and above wear khaki.

Pro Tip: If you think the challan is wrong, you can challenge it. According to Salil Tiwari, “virtual courts have made the process of challenging a challan easier for the public. By selecting the "contest challan" option on the virtual court website, you can request a hearing, where a magistrate will review your case online. You can also visit the Parivahan eChallan website to register a complaint against an incorrect eChallan. In some cases, like one in Srinagar, you may even receive compensation for an incorrect challan.”

Right with respect to harassment 

This is a big one: traffic police aren’t allowed to take your car keys or deflate your tyres, and they can’t tow your vehicle if someone’s still inside. If you ever feel like you're being harassed, you have the right to file an official complaint at the nearest police station.

Remember, while it's always good to cooperate, you can politely refuse a vehicle search if the officer doesn’t have a valid reason or probable cause to believe there’s evidence of a crime.

Pro Tip: Never give in to illegal demands from traffic police. Salil Tiwari advises, “Let them impound your licence if necessary, but do not offer a bribe. If you're harassed, file a detailed complaint with the traffic department, including the officer's information, and send it via registered mail.”

Payment of fines: Your Options

You can settle the fine later, but until it's paid, your licence will stay with the authorities. They’ll hold onto it as a guarantee, so it's important to clear the fine as soon as possible to get your licence back.

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