Many times people break traffic rules unknowingly while driving. Due to these mistakes, they also get challaned. However, this does not mean that a traffic constable should take away the keys of your vehicle.
If the constable is taking the keys from your vehicle, then this is also against the rules. The constable does not have the right to arrest you or seize the vehicle. However, many people do not know this. They get scared on seeing the traffic police at fault.
No right to take out the keys
Under the Indian Motor Vehicle Act 1932, only an ASI level officer can issue a challan for traffic violation. ASI, SI, Inspector have the right to impose spot fines. Traffic constables are there only to assist them. They do not have the right to take away anyone’s vehicle keys. Not only this, they cannot even deflate your vehicle’s tyres. They cannot talk to you in a wrong way or misbehave with you. If a traffic policeman is harassing you without any reason, then you can also take action against him.
You should also keep these things in mind
To issue a challan, the traffic police must have a challan book or an e-challan machine. If they do not have any of these two, then your challan cannot be issued. It is also necessary for the traffic police to be in uniform. The uniform must have the buckle number and the name. In case of not wearing a uniform, the policeman may be asked to show his identity card.
The head constable of the traffic police can fine you only Rs 100. Only a traffic officer i.e. ASI or SI can impose a fine higher than this. This means they can issue a challan of more than Rs 100. If a traffic constable takes out the keys of your vehicle, then make a video of that incident. You can go to the police station of that area and show this video to a senior officer and complain about him.
While driving, you should have the original copy of your driving license and pollution under control certificate. Photocopy of vehicle registration and insurance will also do. If you do not have money on the spot, you can pay the fine later. In such a situation, the court issues a challan, which will have to be paid in the court. During this time, the traffic officer can keep your driving license with him.
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