Theme: Police & Courts

Under what circumstances can my driving license be revoked?

The licensing authority can revoke your license or disqualify you from holding a license in the following cases:

  • If you have a disease or disability that renders you incapable of driving the motor vehicle for which you have a license(( Section 16, The Motor Vehicles Act, 1988.))
  • If you are a habitual criminal or a habitual drunkard(( Section 19(1)(a), The Motor Vehicles Act, 1988.))
  • If you are addicted to any drugs listed under the Narcotic Drugs and Psychotropic Substances Act, 1985(( Section 19(1)(b), The Motor Vehicles Act, 1988.))
  • If you have used a motor vehicle to commit a crime which is cognizable in nature (police can arrest you without a warrant)(( Section 19(1)(c), The Motor Vehicles Act, 1988.))
  • If you have a record of driving in a manner which is dangerous to the public or causes a nuisance to the public(( Section 19(1)(d,f), The Motor Vehicles Act, 1988.))
  • If you have obtained your license by providing incorrect information or by fraud(( Section 19(1)(e), The Motor Vehicles Act, 1988.))
  • If you have been ordered to give a fresh driving test, but you have failed that test(( Section 19(1)(g), The Motor Vehicles Act, 1988.))
  • If you are under 18 years of age hold a learner’s/driving license under the case of an adult, and are no longer in their care.

I am driving my car in Delhi when I am stopped by the traffic police and asked to show my documents. What documents do I have to carry? Do all the documents have to be original documents or are photocopies enough?

For a private motor vehicle like your car, you should carry your original driving license and Pollution Under Check (PUC) Certificate, and originals or photocopies of your registration certificate and insurance certificate(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)). If you are not carrying originals of your certificate of registration or insurance certificate, you may be required to produce the originals before a competent authority within 15 days(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)).

Instead of a physical copy, you may carry an electronic copy of your required documents(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf; Section 4, Information Technology Act, 2000.)). 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.

Can the police refuse to register my FIR?

No, it is mandatory for the police to register an FIR. If they do refuse, the information can be sent to the Superintendent of Police in writing. He may conduct the investigation himself or order his subordinate police officers to carry it out

What does executing a bail bond mean?

When a person applies for a bail, a person has to keep some money as security with the Court. This is to ensure that the person does not run away while the trial is in progress.

Am I required to sign a bail bond only while trial is in progress?

No, you can be asked to sign a bail bond even after you have been declared not-guilty by the trial court. The court will ask you to sign a bail bond just before the trial gets over. This is because the government can always appeal against the decision. This bond will have sureties and will need you to appear before a higher court if the appeal is filed. This has a 6-month time limit – so if no appeal is filed within that time, you are completely free.

What can I do if the court has rejected my bail application?

You can approach a higher court – Sessions Court or the High Court. These courts have general powers to grant someone bail and to modify bail conditions. You can also try to wait and file another application before the same court. If you are filing another application before the same court, you have to show what change has happened from the time you were refused bail.

I have been in jail for a long time and the trial is still going on. What are my options?

If you have been jail for too long and not been released on bail, your options are:

  • You have a right to be considered for release if your crime was tried by a Magistrate and the trial has not concluded 60 days after the investigation has begun.
  • If you have spent the maximum jail time that could have been imposed on you as per the law for the crime you committed.
  • If you have been in jail for one half of the maximum jail time that could have been imposed on you, the court can still send you back to jail or release you on a bond (with or without sureties).

However, neither of these rules apply if you are accused of a crime attracting the death punishment.

When should I make an application for ‘anticipatory bail’?

You can make this application whenever you have a reason to believe that you might be arrested. It is not necessary that an FIR has been filed against you. The court will first pass a temporary order if it decides that you can be granted such bail. It will then inform the police and the prosecutor. After hearing them, the court may convert your temporary protection into a final order granting anticipatory bail.

Can my 5 or 6 year old child be seen as a criminal in the eyes of the law?

Children under 7 years are completely excluded from being prosecuted under criminal law, and children between ages 7 to 12 are excluded if the courts thought that they did not understand the consequence of their actions. The term used in such cases is ‘doli incapax’ which means a child is incapable of understanding the consequences of a crime.

What jail are minors sent to?

While the inquiry is going on, minors can only be detained in Observation Homes or a Place of Safety. The Board has to tell them how long you will be detained in the order. To know which institution is denoted an ‘Observation Home’ or a ‘Place of Safety’, information can be obtained from the relevant State Government website.

How does the Board decide when to detain me?

The Board has the power to detain you, though in most cases you get bail. If the Board decides to allow for your release on bail, your parents or guardians are supposed to submit an undertaking in a certain form. If you are unable to satisfy the bail conditions for a week, then the Board is required to modify these to help you. The Board may decide to deny bail if this is against your interests. For instance, if this would bring you into contact with criminals or expose you to moral, physical or psychological danger.

Can the police arrest me without telling my parents?

The police have a duty to tell your parents or guardians why you have been arrested. They can ask the police for the charges under which you have been arrested.

If the police have registered an FIR (or first information report), they have a duty to give your parents or guardians a copy of this FIR. An FIR is the document prepared by the police when they get any information about a crime that has occurred.

How long can the police hold a child in jail?

A child can never be kept in a police lockup or regular jail. The police must bring you before the Board within 24 hours of apprehending/detaining you. If the police do not release you immediately on bail, you can only be kept in an Observation Home until you are taken to the Board (within 24 hours). The police are also supposed to inform a child welfare officer who is supposed to accompany you to the Board for the first hearing.

Can children be arrested?

Yes, the police can arrest children if they believe they have committed a crime. Typically, police stations will have a child welfare protection officer and in each district and city, there will be at least one special juvenile police unit. When the police arrest a child on suspicion of committing a crime, this should normally be done by a Special Juvenile Police Unit. If a regular police officer arrests the child, then the child should immediately be placed under the care of the Juvenile Police Unit, or a designated Child Welfare Police Officer.

The police can also arrest children who have run away from an institution where they were placed under the Juvenile Justice Act, such as an Observation Home, Special Home or Place of Safety.

In certain circumstances (for example, with respect to habitual thieves), the Magistrate can order that adults be detained in prison if they do not execute a bond for good behaviour or peace. Even though arrests of children are allowed, the Magistrate cannot order a similar detention with respect to children.

What are the guidelines to arrest a minor?

India’s legal framework gives special treatment and protection to children below the age of 18 who are in conflict with the law or who commit crimes. Every district has one special juvenile police unit (SJPU) and regular police stations have a Child Welfare Protection Officer (CWPO). Usually, the SJPU has the power of arresting juveniles. In case, A normal police officer arrests the child, the child shall be immediately placed under the protection of the SJPU or the CWPO.(( The Juvenile Justice (Care And Protection Of Children) Act, 2015 NO. 2 OF 2016.)) The child shall continue to remain under the protection of CWPO, who shall be responsible for the child just as a parent/guardian, before the child is brought to the Juvenile Justice Board (JJB) within 24 hours of his/her arrest. In case, the child cannot be produced before the Board due to the child being arrested during odd hours or distance, the child shall be kept by the CWPO in the Observation Home or in a fit facility.

After the arrest is made, the following guidelines are to be followed by the officers to ensure the welfare of Juveniles.

  1. No FIR shall be registered except in cases of heinous offences or where a crime is alleged to have been committed jointly with adults. In all other cases, the alleged offence shall be recorded in the officer’s daily diary.
  2. The arresting officer shall be in plain clothes and not in uniform while arresting the child.
  3. The officer arresting the child shall not place him or her in handcuffs, chain or use force on the child.
  4. The child shall be informed about the reason for the child’s arrest.
  5. The child shall not be placed in a police lock-up or lodged in the jail.
  6. The child shall not be asked to sign any statement.
  7. The CWPO or the SPJU shall inform the parent or guardian of such a child about the child’s arrest and provide them with the address of the JJB before which the child is to be produced  and direct them to be present before the JJB.
  8. A child shall not be forced to confess and shall be interviewed only at the SJPU or at a child friendly premises or a child friendly corner in the police station which does not give the feel of a police station.

The child should be provided with proper medical assistance, assistance of an interpreter or a special educator or any other assistance that the child may require.(( Ministry Of Women And Child Development Notification, Ministry of Women and Child Development, (2016) available at http://cara.nic.in/PDF/english%20model%20rule.pdf.))