If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of a bustling city, received an e-challan on his phone a couple of months ago. When he checked the details online, the attached photograph clearly showed him wearing a helmet while riding his motorcycle. However, he had a passenger with him who was not wearing a helmet. Mr. Verma had offered her a ride as she urgently needed to get somewhere. Believing the challan was a mistake since he was compliant, he chose not to pay the fine. Recently, he received two subsequent messages. The first stated that his challan had been transferred to a court. The second, more concerning message, indicated it was from the virtual court, stating the violation was found “actionable” and urged him to either pay the fine or contest the matter in court. This escalation left Mr. Verma confused and worried, as he felt he shouldn’t be penalized when he was following the helmet rule.

Advice in such cases

Receiving a court notice for a traffic violation can be intimidating, but it is a standard procedure for unpaid challans. Here is some advice on how to handle the situation:

• Understand the Violation: The primary issue here is a misunderstanding of the law. In India, the law mandates that not only the rider but also the pillion rider (passenger) must wear a protective helmet. The e-challan was likely issued for the pillion rider’s non-compliance, for which the rider of the vehicle is held responsible.
• Do Not Ignore Notices: Ignoring an e-challan leads to it being forwarded to a virtual court. Ignoring a court notice can lead to more severe consequences, including increased penalties or, in some cases of persistent non-compliance, suspension of the driving license.
• Assess Your Options: You have two main choices: pay the fine to close the matter or contest the challan in court if you believe it was issued in error. Given the circumstances where the pillion was indeed without a helmet, contesting may not be successful.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Traffic violations are primarily governed by the Motor Vehicles Act, 1988, and its subsequent amendments. The new criminal laws like the Bharatiya Nyaya Sanhita (BNS) are not applicable to such traffic infractions, which are handled under this special statute.

• Section 129 of the Motor Vehicles Act, 1988: This section makes it compulsory for every person driving or riding (other than in a sidecar) on a motorcycle of any class or description to wear a protective helmet. This applies to both the driver and the pillion rider (for persons above four years of age).
• Section 194D of the Motor Vehicles Act, 1988: This section, introduced by the 2019 amendment, specifies the penalty for violating Section 129. It states that whoever drives a motorcycle or causes or allows a motorcycle to be driven in contravention of the provisions of section 129 shall be punishable with a fine of one thousand rupees and may also be disqualified from holding a license for three months. The challan Mr. Verma received is based on this provision.

If you are the complainant

In this context, being the “complainant” means you are contesting the challan because you believe it is unjust or incorrect. Here are the steps to follow:

• Gather All Documentation: Collect the e-challan notice, the photograph provided by the traffic police, and any other relevant documents.
• File Your Contest Online: Most states now have virtual courts that allow you to contest a challan online. You must log in to the designated portal and state your case clearly, providing any evidence you have.
• Prepare Your Argument: If your argument is that the pillion rider was also wearing a helmet but it’s not visible in the picture, you would need strong evidence to support this. If the challan has incorrect details (e.g., wrong vehicle number), this is a valid ground for contestation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this scenario, “victim” refers to the person who has received the challan and must deal with the consequences. Here is what you should do:

• Acknowledge the Violation: The first step is to accept that a violation occurred as per the law, even if it was unintentional. The law holds the rider responsible for the safety and compliance of their pillion rider.
• Review the Challan Details: Carefully check the fine amount and the deadline for payment on the court’s portal. Paying the fine promptly is the simplest way to resolve the issue.
• Make an Informed Decision: Weigh the cost of the fine against the time, effort, and potential legal fees of contesting it. Since the violation is evident from the facts, paying the fine is often the most practical choice.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The process for e-challans is largely automated and systematic. The police do not engage personally in the initial stages.

• Automated Detection: High-resolution cameras installed at traffic intersections capture images of violations. An AI-powered system often flags potential violations, which are then verified by personnel before an e-challan is generated and sent to the registered owner of the vehicle.
• Systematic Escalation: If a challan remains unpaid beyond the stipulated period, the case is automatically forwarded to the virtual traffic court. This is not a punitive action by the police but a standard part of the enforcement process.
• Court Notice: The message from the court is a formal summons. The term “actionable” simply means that the violation is recognized by law and requires action—either payment or legal contestation.

FAQs people normally have

Here are answers to some common questions in such situations:

• Why did I get a challan if I was wearing a helmet?
  You received the challan because your pillion rider was not wearing a helmet. Section 129 of the Motor Vehicles Act makes helmets mandatory for both the rider and the pillion.
• What happens if I ignore the court notice?
  Ignoring a court notice can lead to the court deciding the case in your absence (ex-parte), confirming the fine, and potentially imposing higher penalties or ordering the suspension of your driving license.
• Can I just pay the fine now that it’s in court?
  Yes, the virtual court portal provides an option to pay the fine online to settle the matter. This is usually the quickest way to resolve the issue.
• Who is legally responsible—the rider or the pillion?
  The law holds the rider/owner of the vehicle responsible for ensuring that all traffic rules are followed, including the pillion wearing a helmet. Therefore, the challan is issued to the vehicle owner.

What evidence is required?

The evidence required depends on your course of action. For the traffic police, the photographic evidence of the violation is their primary proof. If you choose to contest the challan, you must provide evidence to counter the police’s claim. For instance, if you claim the person in the photo is not you or the vehicle is not yours, you would need to provide proof of your whereabouts or vehicle ownership documents. In a case like Mr. Verma’s, where the violation is clear from the photograph, there is no evidence that can exonerate him.

How long will the investigation take?

For an e-challan, the “investigation” is instantaneous and completed at the time the violation is captured on camera. The subsequent process is administrative and judicial. If you pay the fine, the matter is closed immediately. If you contest it in a virtual court, the hearing is typically scheduled within a few weeks and is often resolved in a single, brief session. The process is designed to be swift and efficient.

Advocate Sudhir Rao, Supreme Court of India