Know Your Rights: What to Do If You Are Stopped by Police or Traffic Officials in India
When a driver is stopped either by the police or the traffic police, it may be difficult, especially when the driver does not have any idea of his/her legal rights and obligations. However, it becomes much easier when one knows their rights and understands how to respond calmly during such situations.
The main thing that should be considered is that the driver has to comply with the officer’s requests and know what he or she can do according to the law. Cooperation does not mean that a person has to surrender their legal rights or accept an action they believe is unlawful. A driver can politely ask why they have been stopped, understand the alleged traffic violation and request appropriate documentation or a challan where applicable.
It is also important to avoid arguments, aggressive behaviour or unnecessary confrontation on the road. If a driver believes that an officer has acted improperly, the issue can be addressed through the appropriate complaint, grievance or legal mechanism. Knowing the rules beforehand can therefore help motorists protect themselves while allowing traffic officials to carry out their responsibilities. Ultimately, awareness, patience and informed cooperation are often the most effective ways to handle a police or traffic stop in India.
If Traffic Police Stop Your Vehicle
If someone is stopped due to a violation on traffic rules, then the person must be ready to show all the necessary documents of his/her car. These may comprise the driving license, RC, insurance and Pollution under control certificates. The traffic guidelines issued by the government also acknowledge the digital version of these documents available on DigiLocker and mParivahan.
A traffic violation is not an occasion where one should get into a fight with the policeman on the spot. In case of violation, enquire from him/her politely about the offense and the appropriate challan. If the challan is incorrect, one must not escalate the issue but seek redress through available legal recourse. The Delhi Traffic Police has provided such avenues.
Do Not Pay Unofficially
One of the most crucial rights is the right to demand the issue of a proper challan or receipt when a fine is being levied. Motorists must be especially careful of any such informal demands of payment.
In this context, the eChallan portal of the Ministry of Road Transport and Highways has informed people of the existence of fake websites and impersonations and recommends using official means.
Hence, rather than paying without questioning just because an officer insists upon it, one must know the offence and demand the challan and pay the fine through an official method.
What If Police Want to Arrest You?
A traffic stop and an arrest are separate things under law. In case of arrest, the law gives certain protections in the form of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The arresting authority is expected to inform the person about the reasons for the arrest. Additionally, it is the duty of the law to communicate the information regarding the arrest as well as custody of the arrested person to his/her relative, friend, or any other person nominated by the arrested person.
It is also the right of the arrested person to meet a lawyer of his/her choice at the time of interrogation.
Stay Respectful, But Know the Difference
Having your rights does not entail turning down any and all orders given by the officer. It involves recognizing the distinction between proper enforcement and arbitrary behavior.
Do not interfere with traffic officers and do not use force to fight police actions, and do not make an argument out of an interaction. However, do not accept that everything the officer says overrides your rights and protections as per the law.
In case you feel that your rights have been violated, collect all information, if possible, about what happened when it was safe and legal for you to do so: the identification of the officer, where this occurred, the license plate number, the challan details, and the witnesses.
The Right Approach Is Informed Cooperation
As for citizens, there is no better way to deal with a police or traffic stop than either fear or conflict. One should be well-informed and cooperate.
Have your documents ready, know the traffic laws, use official digital services and ask questions in case you have doubts. And in case of disagreement, apply the formal complaints procedure rather than try to sort things out during the stop.
After all, being aware of one’s rights means that both citizens and law enforcers act according to the law. And such an understanding is vital in the country where millions of people deal with the police and traffic officers daily.
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