For this kind of dispute the Police can not impound the car unless the police reasonably thinks that the car is illegally obtained.
Police threatened to impound my car
I was pulled up at a red light by police stating that I had violated the signal. I clearly had not. They asked for my license. I said my license smart card was pickpocketed a few days ago. I had the FIR at home, not in the car. But I had printout of Digilocker driving license. Same with RC and insurance - printouts were with me. My car is new and all documents are in good order. Now sergeant says I must produce the "original" and they will seize my license. I would have to go to the police station to get it back after paying the fine there. When I said I only had printout, they threatened to seize the car. Or I could pay a hefty amount in cash then and there. They said challan would come online. It is a different matter that I was traveling with someone who was going for election duty so they eventually let us go without us paying anything. No challan message, nothing. But my question is, can they seize the car in such cases? What are my rights in such cases?
Asked 13 hours ago in Civil Law
6 Answers
Under the Motor Vehicles Act, 1988 and the rules issued by the Ministry of Road Transport & Highways, the legal position is as follows:
The electronic driving licence, RC and insurance shown through DigiLocker or mParivahan are legally valid documents. By official notification of the Central Government, traffic police are required to accept these digital records. Even a printout of DigiLocker details is generally accepted in practice; insistence on only a physical smart card is not supported by law.
If a driver does not have the physical licence at the time of checking, the police cannot seize the vehicle merely for that reason. At most, they may issue a challan for “not carrying licence”, which is a minor offence. The law allows seizure of a licence only for specific serious offences (such as drunken driving, dangerous driving, etc.), not simply because the card is missing.
Further, seizure of a vehicle is permitted only in limited situations, such as:
vehicle being driven without registration
vehicle being driven without any insurance
vehicle used in commission of a cognizable offence
vehicle being unsafe or mechanically unfit
None of these applied to you. Your vehicle was registered, insured, new, and roadworthy. Therefore, threatening to impound the car was illegal and coercive.
Demanding or hinting at cash payment on the spot, especially when no challan is issued, is also contrary to law. Fines are to be imposed only through a challan (physical or electronic), and payment is made through authorised modes. Cash collection in such circumstances raises serious issues of misconduct.
As for the allegation of signal jumping, if no challan was issued and no electronic record exists, legally it is as if no offence occurred.
Your rights in such situations are:
to show DigiLocker/mParivahan documents
to politely refuse cash payment
to ask for a challan to be issued if they believe an offence is made out
to note the officer’s name, badge number, vehicle number, and location
to later file a complaint with the Traffic Police control room or senior officers if harassment occurs
In short, they could not lawfully seize your car, and the threat was improper. You were within your rights, and the fact that they eventually let you go without any challan confirms that no legally sustainable violation existed.
Police cannot impound your vehicle when you have your driving licence in digital mode .Cops are legally bound to accept documents in DigiLocker or mParivahan
2) : A vehicle can only be seized for serious violations such as driving without a valid license (at all), without registration (RC), without a permit (for commercial vehicles), or if the vehicle is involved in a crime or accident.
3): Even if you cannot produce any documents at all (digital or physical) on the spot, you have a legal right to produce them at the designated police station within 15 days.
4) If they do seize a document or vehicle, they must provide a written seizure memo or receipt. Without this, the seizure is illegal.
The law in this regard is that as per Section 4 of the Information Technology Act, 2000, Government notifications issued by the Ministry of Road Transport & Highways, the documents in DigiLocker and mParivahan are legally valid and equivalent to physical documents. Even a digital copy shown on phone is valid. A printout of DigiLocker DL/RC is also acceptable if it shows the QR / document ID. The Police cannot insist on physical smart card if valid DigiLocker document is produced.
The police cannot seize licence merely because you showed DigiLocker copy instead of original card, especially when a valid DL exists and you are able to identify yourself, therefore the police action of seizure is not justified.
The Vehicle seizure is permitted only under limited circumstances, such as there is no valid driving licence at all or no insurance or if the Vehicle is involved in a cognizable offence or unauthorised transport vehicle use or with a fake registration.
If DL exists (even if physical card lost) and the DigiLocker copy shown and if the RC and insurance is valid, then the police cannot legally seize your car. It would be illegal for the police to threaten to seize for not paying cash on the spot.
The police can compound certain offences under Section 200 MVA, but, they must issue proper receipt or generate e-challan and the payment should be through official method (POS/online) and they cannot officially demand hefty cash. Demanding cash without receipt is an act of misconduct. You may submit complaint to SP / Traffic DCP if harassment occurs or continues.
Can they seize the car in such cases?
Under the Motor Vehicles Act, 1988, a police officer's power to impound documents is specifically outlined in Section 206, which primarily allows seizure of documents believed to be false or when the driver might abscond . Vehicle seizure for document non-production is not a direct penalty under the Act—the prescribed penalty for non-possession of a driving license under Section 177 is a fine of Rs. 500 for the first offence . While some state police directives have authorized vehicle seizure for missing documents as part of special enforcement drives , this appears to be an administrative measure rather than a statutory requirement. The threat to seize your car when you had digital printouts and a valid explanation was likely an intimidation tactic, especially since they offered an on-the-spot cash settlement.
What are my rights in such cases?
Your rights are firmly established by law. First, digital documents accessed through government platforms like DigiLocker are legally valid—the Ministry of Road Transport and Highways' 2018 circular explicitly mandates that enforcement agencies accept electronic copies of driving licenses and registration certificates . You were well within your rights to present printouts from DigiLocker, and the officer's demand for "originals" contradicted this legal framework . Second, you have the right to receive complete information about any alleged violation and challenge an unjust challan by filing a grievance online or contesting it in court . The fact that you were released without payment when traveling with someone on election duty further suggests the threat was unfounded.
In above case they can’t impound your car
