Theme: Police

Reporting a Crime/Atrocity

If a crime has been committed against you owing to your identity as member of the Scheduled castes or scheduled tribes, you can approach any of these places to get immediate relief: 

Police

You can either call 100 or visit a police station to report the incident. The police will note down your details and if needed arrive at your location to provide you immediate help. They will write down your information and details of the incident in an FIR and provide you with a copy of it, free of cost. 

National Commission for Scheduled Castes 

The National Commission for Scheduled Castes is a body set up under the Constitution to investigate and monitor the interests of the Scheduled Castes. They also have the power to inquire into specific complaints in cases where members of Scheduled Castes are deprived of their rights. You can either call their toll free helpline or visit their website for more information.  

Toll Free Number: 1800 1800 345

Website: http://ncsc.nic.in/

Email: ncsccomplaints@gmail.com

Contact details of State Commissions: http://ncsc.nic.in/contactus 

National Commission for Scheduled Tribes

Like the NCSC, there exists a National Commission for Scheduled Tribes as well. They have the power to investigate into complaints registered for atrocities committed against the members of Scheduled Tribes. 

Website: https://ncst.nic.in/

Contact information for the National Commission as well as its regional offices can be found here: https://ncst.nic.in/content/contact-us

SC/ST Protection Cell 

SC/ST Protection Cells have been set up in different States and Union Territories across India. The head of these cells is usually a high ranking police officer of the State or UT, like the Inspector General of police or the Additional Director General of Police. If you want to approach such a cell in your state, take the help of the nearest police station.

Manual Scavengers

If you are being forced to work as a manual scavenger or know someone who is being forced, please complain to the police or the National Commission for Safai Karamcharis. Please know that the practice of manual scavenging is prohibited under law. For more information please read this. 

Using mobile phones while driving

You cannot use a mobile phone while driving any motor vehicle, as it can pose a danger to the driver and the public. It can also be considered as dangerous driving, for which, you will be punished with:

  • First Time (First Offence): Jail time between 6 months to 1 year or a fine between Rs. 1,000 to Rs. 5,000, or both1. The applicable fine amount might vary across states.
  • Subsequent Offence: If you commit this offence within three years of committing your first offence, you will be punished with jail time of up to 2 years or a fine of Rs. 10,000, or both1. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 1,000 – 5,000

 
Any Subsequent Offence 10,000
Karnataka First Offence Two/Three-Wheeler – 1,500 

Light Motor Vehicle – 3,000 

Others – 5,000

 
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩]

Conditions for Applying for Anticipatory Bail

The person who is applying for anticipatory bail has to satisfy or promise to satisfy the following conditions:

 

  • The person should make themselves available for interrogation by a police officer when required.
  • The person should not, directly, or indirectly induce, threaten or promise any person who knows the facts of the case to stop them from disclosing such facts to the court or to any police officer.
  • The person should not leave India without the prior permission of the court.
  • Other conditions are similar to that of regular bail.

 

Fundamental Right Against Illegal Arrests

If someone you know has been detained or arrested by police or any authority who refuses to give any reasons for the detention, then in such cases, the arrested person or the relative/s of such person can file a Habeas Corpus petition before any High Court or the Supreme Court of India. 

The Constitution of India grants everyone a fundamental right to ask the Court to order the detaining authority to produce the person so arrested and request the court to investigate if the arrest was legal.

This fundamental right is exercised when a person is arrested and kept in the custody of a detaining authority: 

  1. without being informed of the reasons for the arrest; or
  2. is denied the right to be defended by a legal practitioner of their choice.  

This fundamental right is extremely broad. Please talk to a legal practitioner to understand more of when a Habeas Corpus writ can be filed. 

Not wearing a helmet while driving

Anyone who drives a two-wheeler motorcycle has to wear a helmet or protective headgear (( Section 129, The Motor Vehicles Act, 1988.)). Further, every person, including children above 4 years of age1, who is riding the two-wheeler motorcycle must also wear a helmet. This headgear must have two features1:

  • It can be reasonably expected to provide a degree of protection from injury in case of an accident. 
  • It is securely fastened to the head of the wearer (such as, by straps).

Only Sikh people who are wearing a turban and women need not compulsorily wear a helmet1. However, this exception varies across states. 

If you do not wear a helmet while driving, you will be punished with a fine of at least Rs. 1,000 and you will be disqualified from holding your license for 3 months2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 1,000
Karnataka 500
  1. Section 129, The Motor Vehicles Act, 1988. [↩] [↩] [↩]
  2. Section 194D, The Motor Vehicles Act, 1988. [↩]

Maximum Jail Time Without Bail

People who are in jail while their trial is going on are called under-trials prisoners. As trials in India go on for years together, under-trial prisoners should be protected from being in jails for long periods of time without being proved guilty of committing the crime. The law has provisions of Bail to protect undertrials. 

If a person has been arrested for a crime and has been in prison while undergoing trial for up to half of the maximum period of imprisonment specified for the crime that they have committed, the Court must order to release them. 

However, if the Court find enough reasons, it can order continued detention of the under-trial prisoner, even after they have been in prison for one half of the punishment. 

Appearance before Magistrate after Arrest

Anyone who is arrested and in the custody of the police should be produced before the nearest Magistrate within a period of twenty-four hours of their arrest. The police are required to produce every arrested person before the Magistrate to ensure that there have been legal grounds for the arrest of the person. Copies of all the documents including the memo of arrest should be sent to the concerned Magistrate for their record. In the instance of the accused person not being produced before the Magistrate, a Habeas Corpus petition can be filed. 

Driving a defective/Unsafe Motor Vehicle

You cannot drive, or allow someone to drive, a motor vehicle that has any defect which either you (owner) knows about or could have known about through ordinary care, which makes the car dangerous to other persons or vehicles1. For example, if the brakes of your vehicle are not functioning properly, your vehicle will be considered defective. 

The penalties for driving a defective motor vehicle are as follows1:

  • If you drive or allow anyone to drive a defective motor vehicle, then you will be punished with a fine of at least Rs. 1,500. The applicable fine amount might vary across states. 
  • If such a vehicle causes an accident that results in bodily injury or damage to property:
    • For the first offence, you will be punished with a fine of Rs. 5,000 or jail time of up to 3 months or both. The applicable fine amount might vary across states. 
    • For every subsequent offence, you will be punished with a fine of up to Rs. 10,000 or jail time of up to 6 months. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Offence Frequency of Offence/Type of Vehicle Fine Amount (In INR)
Delhi Driving an unsafe/defective vehicle Any offence 1,500
Driving an unsafe/defective vehicle, resulting in an accident that causes bodily injury or property damage First offence 5,000
Any subsequent offence 10,000
Karnataka

 

 Using vehicle in an unsafe condition

 

 Two/Three-Wheeler

 

 1,500

 
Light Motor Vehicle, Heavy Motor Vehicle and Others 3,000
  1. Section 190(1), The Motor Vehicles Act, 1988. [↩] [↩]

Police Interrogation

The police officers handling the interrogation should bear accurate, visible and clear identification and name tags with their designations. The details of the police personnel who handle your interrogation must be recorded in a register. The arrested person will be permitted to meet their lawyer during interrogation. 

Investigation of Cases

If a crime under this special law committed against a member of the scheduled caste or scheduled tribe groups has been reported to the police, the investigation for this must be done by a police officer who is at the rank of Deputy Superintendent of Police or above.

As per the law, the DSP must complete his investigation on top priority within thirty days. The report from this investigation must be submitted to the Superintendent of the Police, who will further submit it to the Director-General of Police of that State1

  1. Rule 7, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Rules, 1995. [↩]

Owning a Vehicle without a horn

 

Your vehicle should be mandatorily fitted with an electric horn that is capable of giving sufficient and audible warning that the vehicle is approaching1.  If you own a motor vehicle which does not have a horn, then you will be punished with a fine of at least Rs. 500 for the first offence, and Rs. 1,500 for every subsequent offence2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

 

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 500 
Any Subsequent Offence 1,500
Karnataka First offence   500
Any Subsequent Offence 1,000
  1. Section 119, Central Motor Vehicles Rules,1989 [↩]
  2. Section 177, The Motor Vehicles Act, 1988. [↩]

Notice Issued by Police

In cases where the police can arrest someone without a warrant but are of the opinion that arrest is not required, they can issue a notice to such person to appear before the police or any place specified in the notice. However, the precondition to such a notice is that there must be a complaint made against him or some reasonable suspicion should exist that he has committed such a crime. 

When such a notice has been issued to a person, he is duty-bound by law to comply with the terms of the notice. As long as the person complies, the police will not arrest him (unless they are of the opinion that he should be arrested and has recorded in writing that arrest is necessary). 

If the person given notice by the police fails to comply or refuses to identify himself, the police officer may arrest him for the offence mentioned in the notice then the police will approach the Court to get an order to arrest the person.

 

FIR, Arrest and Bail

When an FIR is filed for a crime or atrocity committed against a member of the scheduled castes or scheduled tribes, no preliminary inquiry needs to be conducted by the investigation officer before the said filing.

The investigation officer does not require any prior approval of his seniors for arresting any person accused of committing a crime under this law either.

Moreover, a person who fears arrest for crimes that he may or may not have committed under this law cannot file for anticipatory bail.1

  1. Section 18A, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989. [↩]

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.

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 [↩]