Theme: Police

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 State.(( 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.(( 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.