• Traffic police fine

One sub inspector stopped me in a road i don't have bike papers in that time, that inspector is written a fine, i didn't paid that fine, after 1hour iwas showed, rc , insurence, driving license, everything , but that fellow fined to me with 200 rupees, how should I action on that sub inspector, plz help me ,he offenced under section 186,
Asked 7 years ago in Civil Law

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14 Answers

Section 186 in The Indian Penal Code

186. Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

1) you should first go and apologies for the issue happened and remove section 186. He had booked for you because you were not co-operating him to perform his duty.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir, there is no such provision under Indian law which specifies that challan can be later cancelled if you produce the document at later stage it is duty of the driver to carry orginal document in accordance to section 130 and 130 of Motor vehicle act if he fails there can be challan, which shall not be cancelled on later production of documents.

you are misguided by some Facebook or social media posts which circulates such information. The challan fine is must for not carrying original documents you can get vehicle released or the document if any impounded by showing documents later. this is the misunderstanding of the provision many people have.

Further he cannot be booked under 186 ipc instead you can if you donot allow him to perform his duty 186 ipc is obstructing public servant in discharge of public function so he is rightfully doing his duty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

130. Duty to produce licence and certificate of registration.—

(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. 1[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 2[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. Explanation.—For the purposes of this sub-section, “certificate” of insurance” means the certificate issued under sub-section (3) of section 147.]

(4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your having good case and you give a complaint to higher authorities by explaining the facts and also seek justice to withdraw the action taken by traffic police if they do not do so you can file a case against the traffic police before the High Court who declared the action of the police as illegal and arbitrary.

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

Since you did not have bike papers at time you were caught fine of Rs 200 was imposed upon you

2) you are supposed to carry your RC book , driving licence , insurance papers when you are driving a bike

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Have replied to your query . You should not take any action against sub inspector as he was only doing his duty

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Hello,

1) If the officer charged you under section 186 of MV Act . Driving when mentally or physically unfit to drive.—Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extend to five hundred , he may be justified of there's truth in his findings.

2) If he charged you under section 186 of IPC of obstructing a public servant in the discharge of his functions, the punishment amounts to imprisonment upto 3 months or fine upto₹500. This would be awarded by the court. You ought to carry the required documents of your bike whenever you are riding.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Dear Sir,

You are supposed to have documents but if you have not possession for any valid reason you should have requested hi. The SI not considered your request as such you may ask him to refer the matter to Court and there you can plead no guilty and get acquitted.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

As per motor vehicle act you are bound to carry copy of documents if you do not produce police can impose fine on you. Since you were on wrong side of law there is no way you can take action against police. As per law a person has to approach court of law with clean hand. Read section 130 of motor vehicles act

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

No offence has been made out against the traffic police as he was simply discharging his duties and also gave a valid receipt for the same.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

no action can be taken as you were not carrying the documents when you were stopped for the first time. Please pay the fine.

Jai Bansal
Advocate, New Delhi
198 Answers

Have you informed him that you will produce the papers before the court and asked him to send the challan to the court, becasue if you produce the relevant papers before court on being challaned, you need not pay any fine, however you cannot argue with the arrogant cops.

You can make a complaint agaisnt the SI with his superior office about his conduct and the unlawful fine he has made in this regard.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Please contact me fast

You should remember one thing very clearly that in this issue you will be fighting the battle alone without any support and you will be targeted in other issues, hence better think twice before becoming very serious in this.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

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