Theme: Police & Courts

Not following Traffic Signals and Signs

Traffic Signals

Under the law, a traffic light, traffic signal or stoplight is a signalling device positioned on roads to indicate when it is permissible to drive. The traffic signal passes on its information using a universal colour code1:

  • Red Light: Stop the vehicle
  • Yellow Light: Slow down the vehicle/get ready to move
  • Green Light: Move the vehicle

Every person who is driving a motor vehicle has a duty to follow traffic signals (( Section 12, The Motor Vehicles (Driving) Regulations, 2017.)). If you do not follow traffic signals, you will be fined. For example, if the traffic signal is red at an intersection, and you begin driving your car or do not stop driving your car, then you will be fined.

The amount of fine you have to pay varies from state to state, but you will have to pay at least a fine between Rs. 500 and Rs. 1,0002. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 500 – 1,000
Karnataka 500 – 1,000

 

Traffic Signs and Orders

Every person who is driving a motor vehicle has a duty to follow traffic signs, driving regulations and any directions given by traffic or police officers3. 

If you do not follow traffic signs, driving regulations or orders given to you by the traffic officer, you will be fined. For example, if you take a U-turn on an intersection where such a turn is clearly prohibited, you may be fined. 

For a full list of traffic signs with illustrations, please see the First Schedule of the Motor Vehicles Act, 1988, which you can access here.

The amount of fine you have to pay varies from state to state, but you will have to pay at least a fine of Rs. 500 for the first offence, and a fine of Rs. 1,500 for every subsequent offence (( Section 177, The Motor Vehicles Act, 1988.)). The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Offence Frequency of Offence Fine Amount (In INR)
Delhi Disobeying traffic signs First offence 500

 
Any subsequent offence 1,500
Karnataka Disobeying traffic signs First offence 500
Any subsequent offence 1,000
  1. Section 12, The Motor Vehicles (Driving) Regulations, 2017. [↩]
  2. Section 177A, The Motor Vehicles Act, 1988 [↩]
  3. Section 119, The Motor Vehicles Act, 1988. [↩]

Arrest Without Warrant

There are certain crimes for which the police can arrest you without a warrant. Such crimes are known in law as cognizable offences. These crimes are usually of serious nature such as rape, murder, assault etc 

If any of these scenarios apply to you, then the police do not need the warrant to arrest you:

  • When you commit a crime in front of a police officer (for example at a public event or in a police station);
  • When the police have received reliable information or a complaint that you have committed a cognizable crime;
  • If the court has declared you as a proclaimed offender;
  • If the police found you with stolen property and they suspect that you stole it;
  • If you cause trouble to a police officer who is performing his duty;
  • If you escape from custody of the police or jail;
  • If you are suspected of deserting the army;
  • If you are a suspect in a crime outside India and you are liable to be brought back to India; or
  • If you were convicted of a crime in the past and have violated the conditions of your release.

The possibility of being arrested is much lesser if you have been accused of a cognizable crime with a jail time of fewer than seven years. The police should have reliable information which points to your involvement. Further, you can be arrested only if:

  • you are likely to escape, destroy evidence, or influence the victim or witnesses,
  • you are likely to commit yet another crime, or
  • if your presence is necessary for police investigation.

Is there a right to appeal against a contempt of court decision?

Yes, a person punished for the offence of contempt of court (both civil and criminal contempt) has the right to appeal in the following ways:

Punishment Passed By? Who can you appeal to? Time Limit
Single Bench of the High Court  Bench of 2 or more Judges of the same High Court 30 days1 
Bench of more than one Judge of the High Court Supreme Court 60 days.(( Section 19(4)(b), Contempt of Courts Act, 1971.))
Judicial Commissioner of a Union Territory Supreme Court 60 days.(( Section 19(4)(b), Contempt of Courts Act, 1971.)) 

The law only allows a person to appeal against the decision once. If the appeal fails, no further remedy is present under the Contempt of Courts Act, 1971.  However, the Constitution of India allows an appeal against any judgment of any court, including the High Court. This is done through a unique form of a petition, known as the ‘Special Leave Petition’.((  Article 136, Constitution of India, 1950.))  The Supreme Court has the option to decide whether or not to hear an appeal arising out of the Special Leave Petition.(( Article 136, Constitution of India, 1950.)) 

  1. Section 19(4)(a),  Contempt of Courts Act, 1971. [↩]

Child Marriage Prohibition Officers

Child Marriage Prohibition Officers (CPMO) are appointed by the State governments to curb issues of child marriages in each State. These officers are responsible for reporting and preventing child marriages. 

 

The duties of the CPMO are decided and assigned by the State Government. They broadly include:

 

  • Prevention of Child Marriage by preventing performance of child marriage by taking such action as he deems fit.
  • Collection of Evidence for prosecuting persons charged under this law. 
  • Advising and counselling people of a locality against indulging in any child marriages in any way.
  • Spreading Awareness of the problems that arise out of child marriages, such as maternal mortality, malnutrition, domestic violence, etc.
  • Sensitizing the community on the issue of child marriage.
  • Reporting periodical returns and statistics to the State Government on the frequency and occurrence of child marriage. 

 

In order to effectively carry out their duties, the State Government can even confer upon the CPMO some powers of a police officer with certain conditions and limitations. This has to be done by way of a notification in the Official Gazette. 

 

To read more about the functioning of the CPMO, please refer to this Government Handbook that explains their duties in detail. (page 19-22)

Disobeying the speed limit

It is an offence to drive beyond the speed limit specified for a road. Most streets and roads have a sign with a number on it that signifies the maximum speed limit for that street or road. For example, if the speed limit in a school zone is 25 kmph, and you drive at 60 kmph, then you are over-speeding and can be punished. 

Given below are the minimum punishments for over-speeding for different kinds of motor vehicles:

  • For over-speeding a light motor vehicle, the fine amount is between Rs. 1,000 and 2,000. For any subsequent offence, your driving license can be impounded1.  
  • For over-speeding a medium goods vehicle, a medium passenger vehicle, a heavy goods vehicle or a heavy passenger vehicle, the fine amount is between Rs. 2,000 and Rs. 4,000. For any subsequent offence, your driving license can be impounded2.  

The applicable fine amount might vary across states. Given below are the fine amounts for two states:

State Vehicle Fine Amount (In INR)
Delhi Light Motor Vehicle 1,000 – 2,000
Medium/Heavy Vehicle 2,000 – 4,000
Karnataka Two/Three-Wheeler and Light Motor Vehicles 1.000
Medium/Heavy Motor Vehicle 2,000

 

Given below are speed limits for different kinds of vehicles on different kinds of roads in India3. 

 

Maximum speed per hour in kilometers on roads in India
Type of Motor Vehicle Expressway with Access Control 4 Lane and Above Carriageway (Roads with Median Strips/Dividers) Road within Municipal Limits Other Roads
Motor vehicles with  a maximum of 8 seats, in addition to the driver’s seat 120 100 70 70
Motor vehicles with nine or more seats in addition to the driver’s seat 100 90 60 60
Motor vehicles used for carriage of goods 80 80 60 60
Motorcycles 80 (If allowed on the expressway) 80 60 60
Four-wheeled vehicles –  60 50 50
Three-wheeled vehicles –  50 50 50
  1. Section 183(1)(i)(iii), The Motor Vehicles Act, 1988. [↩]
  2. Section 183(1)(ii)(iii), The Motor Vehicles Act, 1988. [↩]
  3. https://morth.nic.in/sites/default/files/notifications_document/Draft_Notification_no_S_O_1522E_dated_6_4_2018_regarding_Revised_Speed_Limits_0.pdf [↩]

What is Counseling under Domestic Violence law?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence. The Court can pass an order to either the harasser or you to undergo counseling, either alone or together, with a service provider or a counselor appointed by the Court.

A counselor cannot be:

  • Any person who is connected to the case, or any person who is related to you or your harasser unless both you and the harasser consent to this(( Section 13(2)(i)(ii) and 13(3), The Protection of Women from Domestic Violence Act, 2005.)).
  • Any lawyer who has appeared for the harasser in the case.

If you are uncomfortable with the counselor for any reason, you can ask your lawyer to inform the Court who will look into the matter.

Role of the Counselor

A counselor’s role is to:

  • Set up a meeting either alone with you or together with the harasser at a place convenient for you and the harasser(( Section 14, The Protection of Women from Domestic Violence Act, 2005.)).
  • The Counselor has to conduct the counseling proceedings with the aim of making sure that the domestic violence does not repeat. The Counselor may take an undertaking(( Section 14,(6) The Protection of Women from Domestic Violence Act, 2005.)) from the harasser stating that he:
  • Will not commit any further domestic violence.
  • Will not try to meet or communicate in any manner through letter, telephone, electronic mail or through any medium except in the presence of the counselor in a manner allowed by a judge.
  • If you decide that you want to settle the matter and end the case, you can tell the Counselor, who will make an effort to come up with the best possible solution for everyone involved.

In the process of counseling, the harasser is not allowed to justify any reasons for subjecting you to domestic violence. After the counseling is over, the counselor has to submit the report regarding the counseling session(s) to the Court as soon as possible so that the Court can take further action, and set a date for hearing the case, within 2 months. If a settlement is not arrived at, the Counselor has to report the reasons to the Court.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

LGBTQ+ Persons Arrested By the Police

When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo. They may:

Regardless of your gender or your sexual orientation, you have rights under the law while being arrested.

If you are a woman or a trans woman, then there are specific rights that you have while being arrested. For example, a lady constable has to be present when a woman is being arrested. Click here to understand what these rights are.

Rights of LGBTQ+ Persons While Being Arrested

You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law:

Ask police to identify themselves

You can ask the police to identify themselves by showing accurate, visible and clear identification along with name tags which state their designations.

Ask for the reasons for arrest

Even if the police do not need a warrant to arrest you, it is your right to know why you are being arrested and it is the duty of police officers to tell you why.

Ask the police to Inform your family and friends

When you are being arrested, before taking you away to the police station, you can choose any family member or friend to whom the police must inform about your arrest and where you are being detained. The police have a duty to inform your family or friends about your arrest. They have to  record the details of this person as an entry in the police diary and Arrest Memo.(( Joginder Kumar v. State of Uttar Pradesh (1994) 2 Crimes 106 (SC).))

Ask for a lawyer

You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you.

Ask for medical check-up

  • Police officers have a responsibility to conduct a medical examination every 48 hours if you are in their custody.
  • You can ask to be examined for major and minor injuries on your body by a trained doctor.

This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.

Who is a Marriage Officer?

A marriage officer is a person appointed by the State Government after notification in the Official Gazette. The main duty of a marriage officer is to facilitate the registration and provide the certificate of marriage to the parties.(( Section 3, The Special Marriage Act, 1954.))

Child-Friendly Court Process

Portfolio Keyphrase: Child friendly court process

Tags: Abuse, Violence, Crime, Children, Explainer, Court, Police

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

There are Special Courts set up to deal with child sexual abuse because of the sensitivity of the issue. Unlike normal Courts, these Courts are supposed to follow a special procedure to make sure that the child feels safe and comfortable.

If a child is the victim of sexual assault, the Special Court must ensure some child-friendly procedures for the child:

Ensuring the presence of familiar people through the legal process

The Court will allow the child’s family member/relative/friend or guardian to be present with them during the trial(( Section 33(4), The Protection of Children from Sexual Offences Act, 2012.)).

Ensuring that the legal process is not strenuous for the child

The Court will:

  • Allow frequent breaks for the child during the trial(( Section 33(3), The Protection of Children from Sexual Offences Act, 2012.)).
  • Not call the child to the Court repeatedly to testify(( Section 33(5), The Protection of Children from Sexual Offences Act, 2012.)).
  • In special circumstances, the child need not come to Court and make statements. The Court will ask an officer of the Court to examine the child at their home. The Court can take the help of a qualified translator or interpreter or special educator when recording the child’s evidence.(( Section 19 and 38(1)(2), The Protection of Children from Sexual Offences Act, 2012.))
  • Try and ensure that the evidence is recorded within 30 days and the trial is completed within one year(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the child from the accused and the public

  • The Court  must ensure that the child is not exposed to the accused in any way during the trial. However, the accused can hear the child’s statement. Some examples of how Courts do this include one-sided mirrors, curtains or through a video call(( Section 36, The Protection of Children from Sexual Offences Act, 2012.)).
  • The Court must have private court proceedings so that the media cannot report about the happenings in Court(( Section 37, The Protection of Children from Sexual Offences Act, 2012.)).

Questioning of a Child

Due to the sensitivity of the issue and for the  protection of the child, the lawyer of the accused is required to conduct the court process in a certain manner.

  • The lawyer cannot question the child directly. The lawyer will present the questions to the Special Court which will then question the child(( Section 33(2), The Protection of Children from Sexual Offences Act, 2012.)).

The lawyer cannot question the character of the child, for example,  by saying that the child has a history of lying to their parents(( Section 33(6), The Protection of Children from Sexual Offences Act, 2012.)).