This illustrated guide will help you understand the laws on arrest and bail in India. It lays out the rights and processes you should know about if you are being arrested and after arrest. It also helps explain what bail and anticipatory bail are and how to apply for them.
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Based on the FIR that you file, the police will conduct an investigation. The result of that investigation will be submitted by the police to the Court in the form of a charge sheet. At this point the judge will decide on whether the person who is being accused is guilty or not. This is when the criminal case actually begins. To explore more on the process of charge sheet, read our explainer on Charge sheet.
You may get fined for jumping the red light while riding the bicycle. This fine may or may not exist depending on the City Traffic Rules.
On the number plate only the registration number should be written, that too in a particular font and space. You are not allowed to write your post, party, national or party flag, government details or dealer name. This also applies to government vehicles.
Any person above the age of 16 years can drive a motorcycle or a bike with an engine capacity not exceeding 50cc with a valid driving license. After attaining the age of 18 years, you can drive a bike with a higher engine capacity.
No, your license is usually given for specific vehicle type. If you have a license for a car, you cannot drive a truck. For driving a truck you need a commercial driving license, which is given only to people above the age of 20.
You will have to go to the nearest traffic police station/traffic police chowky/ traffic circle to find out where the car has been towed away to. You will have to pay the fine to the traffic police to get your vehicle released. The traffic police may ask for your documents (original or electronic), so make sure that you always have them with you.
Under the law you have to carry the original copies of all the documents required for example, driving license, insurance certificate etc. Apart from physical copies of the documents, now the law also allows you to carry electronic copies on your electronic devices.
An e-Challan is an electronic document. If you are stopped by a traffic police and you are issued an e-challan, you can go to this website and pay your fine online. The e-Challan information is available online in both Hindi and English.
Yes, if you violate traffic rules, then you will be issued a challan. A challan is a ticket that is issued to you after you have violated a traffic rule. This challan will have the details of the violation and the amount of fine that you have to pay.
No, if you allow an underage person to drive your car, you will be punished under the provisions of the law on motor vehicles.
If any juvenile commits any offence under this law, the guardian of the juvenile or the owner of the motor vehicle will be punished, if he had knowledge that the offence was being committed(( Section 199A(1), The Motor Vehicles Act, 1988.)). He will be punishable with jail time of 3 years and a fine of Rs. 25,000, and the registration of the motor vehicle can be cancelled for 12 months(( Section 199A(2)(4), The Motor Vehicles Act, 1988.)). Furthermore, the juvenile will be punished under the provisions of the Juvenile Justice Act, 2000(( Section 199A(6), The Motor Vehicles Act, 1988.)).
No, you cannot drive alone even after obtaining a learners license. You will have to be accompanied by someone who has a driving license(( Section 3(b), Central Motor Vehicles Rules,1989.)).
No, you are not allowed to race on the roads at night. Regardless of whether it is day or night, you cannot race on the road with any vehicle or allow any racing to occur, without the written permission of the State Government of your state(( Section 189. Motor Vehicles Act, 1988.)).
Yes, you can be issued a challan for using a private car for commercial purposes as you need a separate license for using a commercial car.
Under law, for a commercial vehicle you have to always carry original copies of all the documents. For a non-transport vehicle, you should carry your original driving license and PUC Certificate, and originals or photocopies of your registration certificate and insurance certificate. Where the original certificate of registration or insurance certificate is not available with the driver, the owner or driver if required should produce the originals before a competent authority within 15 days(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf)).
Instead of a physical copy, you may carry an electronic copy of your required documents such as certificate of registration, certificate of insurance, driving license, certificate for pollution under check (PUC Certificate), and any other required permits such as a certificate of fitness if your vehicle is a commercial vehicle. These electronic records available on DigiLocker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000(( Section 4, Information Technology Act, 2000.)).
Yes, your traffic fine varies across cities. Each State can add different types of traffic violations and modify the traffic penalties applicable to the particular State.
Both the States and the Centre can revise and frame rules for motor vehicles(( Seventh Schedule of the Constitution, Concurrent List, Item 35.)). States can modify and specify enhanced penalties through an official notification(( Section 210A, The Motor Vehicles Act, 1988.)), which shall be put before the House(s) of the State Legislature. Depending on what the House(s) decide, the notification shall have effect with respect to that particular State(( Section 212(5), The Motor Vehicles Act, 1988.)).
If a traffic police officer asks for an amount and you are unsure whether it is the correct traffic fine, you can do the following:
If you think you are being asked for a higher amount than what is due as the correct fine amount, insist on having a challan or e-challan issued to you. This way, you can ensure that you only pay the exact fine amount as given under the law.
Yes, the traffic police can stop your vehicle and check you for intoxication anytime by using breathalyzers(( Section 203, The Motor Vehicles Act, 1988.)). If you are found to be intoxicated, they can then fine you accordingly.
Yes, it is not necessary to apply for a learner’s license or driving license at your place of birth or hometown(( Section 9(1), The Motor Vehicles Act, 1988.)). You can apply for a license where:
The documents that the driver of a motor vehicle needs to carry are:
Indian law stipulates 3 types of license plates for different types of vehicles:
UN Vehicles – The same rule of Consular Mission vehicles applies to UN Vehicles. However, instead of ‘CC’ or ‘CD’, the letters ‘UN’ are used.
Repeating certain types of traffic offences more than once will result in a higher punishment. Depending on the offence, you could be taken to Court to determine a term of imprisonment/jail time and/or be fined with a higher amount.
For example, if you do unauthorized racing on the road, you will be punished with jail time of up to 3 months or with a fine of Rs. 5,000, or with both for the first offence. For every subsequent offence, you will be punished with jail time of up to 1 year, or a fine of Rs. 10,000 or both(( Section 189, The Motor Vehicles Act, 1988.)).
Yes, it is still possible to get a driving license. However, every application for obtaining a driving license needs to be accompanied by a medical certificate by a medical officer stating that you are fit to drive(( Section 5(1), Central Motor Vehicles Rules,1989.)). This certificate requires a declaration of physical fitness(( Section 5(2), Central Motor Vehicles Rules,1989.)) wherein the applicant is asked if he/she can distinguish the pigmentary colours, red and green. An applicant who answers in the negative has to supplement the answer with full details, and may be required to give further information regarding the same(( Form 1, Central Motor Vehicles Rules,1989.)).
If the medical certificate is granted taking into account all the particulars, the applicant may be able to obtain a driving license.
According to the government notification(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf,; Section 4, Information Technology Act, 2000.)), you may now carry an electronic copy of your driving license, and other required documents such as registration papers, insurance papers, etc. The electronic form of these documents are now legally acceptable. For this, you must have them either in the DigiLocker app or the mParivahan app.
The government has come up with a system of e-Challans that allow you to pay fines through an online portal. You can check the status of your e-Challan and pay the fine here.
However, if you cannot pay online and cannot pay the spot fine either, the police may keep your driving license to ensure your presence in Court. You will be issued an acknowledgement receipt with instructions on where to collect your license and pay your fine.
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