Oct 20,2022 | min read

HARASSMENT BY THE ENFORCEMENT AGENCIES: HOW TO AVOID THESE HARASSMENT

Introduction:

As has been noticed many times, the authorities and agencies follow strict rules and actions in cases where people tend to be negligent on roads while driving and risk their life and of others. However, there are cases where these authorities take advantage of their powers to harass the innocents on the road. The general notion of these corrupt officials is that they seek bribes in those cases where they believe there is a scope of mistake by the driver like maintaining each and every document up to date, or during transport, carrying the documents necessarily to be shown at checkpoints etc but when these documents are not provided,  they assault the drivers and impose an adverse penalty.

 

While driving it is important to know what legal documents are to be maintained and also your legal rights related to the traffic police, which may help you in avoiding getting into trouble with the authorities.

 

Documents Required when Traffic Police / Enforcement Agencies Stops:

  1. Registration Certificate

  2. Pollution Under Control 

  3. Driving Licence

  4. Insurance Policy

  5. E-way Bills 

  6. Invoice or Bill of Supply

  7. Delivery challan 

 

Ways to Avoid Traffic Police Harassment while Driving:

 

  1. Act Responsibly: Acting generously with the police personnel in case he stops you. Be polite and not argumentative and foremost avoid trying to be hostile with them.

 

  1. Avoid Driving at Odd Timings: Avoid movements at the odd hours where there are chances of getting caught by police.

 

  1. Having All Documents Ready: Always carry all the documents while transporting.

 

  1. Avoid Violating Traffic Rule: Be a law abiding citizen and avoid actions and inactions  that constitute either criminal or traffic offence.

 

  1. Avoid Indulging in Unnecessary Arguments: Avoid getting argumentative with the police personnels at the borders and national highways. Getting in arguments would lead to delay etc.

 

  1. Have a conversation like an Enlightened Person: Engage with the policemen like a knowledgeable person. Use well articulated speech and do not unnecessarily raise your voice. 

 

  1. Slow Down on Approaching Check Point: Slowdown at the checkpoints. Any speeding vehicle at the checkpoint attracts unnecessary harassment by the police. During night ensure that lights are on inside the vehicle to avoid making the police officers nervous.

 

Legal Rights Related To The Traffic Police:

  1. Only a High Rank Officer or an SI has the power to demand for the documents of your vehicle. 

  2. Traffic police does not have the right to arrest you or confiscate your vehicle. A constable doesn’t have right to snatch keys from your vehicle

  3. Under Section 132 of the Motor Vehicle Act, only a sub-inspector with 1 or 2 stars and an inspector with 3 stars can collect penalties from you.

  4. In the case where a person is driving in an intoxicated state or talking over a mobile phone while driving or in cases where there is excess of passengers on a vehicle, in all such cases the traffic police have the right to stop and confiscate the vehicle.

  5. A traffic challan shall only be issued by a person in uniform. One must know that the Constable to SI wear white coloured uniform and the traffic inspector and higher officers wear  khaki unifrom.

 

Details to be Checked if Challan is Issued by Traffic Police:

In the case where the traffic police issue a challan be it on the spot challan, notice challan or challan of the court, one must look at the following details in it:

  1. That it bears your name and address

  2. That it has the offence mentioned for which the challan has been issued.

  3. The detail of the court where the trial of the challan will be held

  4. The particular date on which the court will take the challan trial

  5. The name and signature of the traffic police person who has issued the challan

  6. Documents that are required to be carried out while going for the trial.

 

Lawyer on the Spot in association with AITWA -

 

If you're on the road, you need to be confident that your legal needs will be taken care of—when you need it, and without fail. That's where we come in. With our 24/7 service, we're always here to help. If you're caught by the authorities for any reason, we'll help you get out of it—and if you're in an accident or otherwise involved with the police, we can help make sure things go smoothly for everyone involved.

 

Our team is available to answer any questions or concerns you might have about your legal situation right away, so if you ever find yourself in a bind with the law, don't hesitate to call us.




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