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

Mr. Sameer Sharma was riding his motorcycle through the busy streets of Amanpur one evening when he was stopped by a traffic police officer. The situation was not in his favour; the motorcycle’s insurance had lapsed, and he did not have a valid Pollution Under Control (PUC) certificate. To make matters worse, the vehicle was registered in the name of his brother, Mr. Rohan Sharma, who lived in another city, and Sameer didn’t have a No Objection Certificate (NOC). The front number plate was also just a sticker, not a proper plate, and he only had a digital copy of his driving licence on his phone.

When the officer pointed out the violations, Sameer was ready to accept an official challan. However, the officer dismissed the digital licence, claiming it could be edited, and immediately threatened to seize the motorcycle. He stated that the combined fine for the violations would be ₹4,000. He then offered Sameer a way out: pay ₹2,000 in cash to “settle” the matter, or the vehicle would be impounded. The officer added that getting an impounded vehicle released would be a cumbersome process, requiring the registered owner, Rohan, to be present in person. Feeling cornered and under pressure, Sameer gave in. He transferred ₹2,000 via a UPI app to another individual as directed by the officer. Now, he is left wondering if he can report this transaction and what his legal options are.

Advice in such cases

If you find yourself in a similar situation, it is crucial to handle it with care and knowledge of your rights.

• Remain calm and polite. Antagonizing the officer will likely escalate the situation.
• Do not admit fault immediately. Ask the officer to clearly state the violations you have committed.
• Insist on an official e-challan for any alleged offence. Police are equipped with devices to issue digital challans on the spot.
• Never offer a bribe. Offering a bribe is also a criminal offence.
• If the officer demands a bribe, politely refuse and state that you will pay the official fine through legal channels.
• Try to note down the officer’s name, belt number, and the location of the incident. If possible and safe, record the conversation on your phone.
• 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

The primary law dealing with such corruption is the Prevention of Corruption Act, 1988.

• Section 7 of the Prevention of Corruption Act, 1988: This section makes it an offence for a public servant to demand or accept a bribe as a reward for performing (or not performing) an official act improperly or dishonestly.
• Section 8 of the Prevention of Corruption Act, 1988: This section deals with the offence of giving a bribe. However, it provides a crucial protection: if a person is compelled to give a bribe, they will not be charged with this offence if they report the incident to a law enforcement authority within seven days.
• Motor Vehicles Act, 1988: The traffic violations themselves, such as driving without insurance, a PUC certificate, or a proper number plate, are punishable under various sections of this Act.

If you are the complainant

If you were compelled to pay a bribe, like Sameer, you have the right to file a complaint.

• Report Within 7 Days: To protect yourself from being charged with the offence of giving a bribe, you must report the matter to an authority like the Anti-Corruption Bureau (ACB) or the Vigilance Department within seven days.
• Gather Evidence: Collect all possible evidence. The UPI transaction detail is a powerful piece of evidence. Keep a screenshot of the transaction, the recipient’s details, the date, and the time.
• File a Formal Complaint: Draft a detailed written complaint mentioning the entire sequence of events, the officer’s description, the location, and the evidence you have. Submit this to the nearest office of the ACB or Vigilance.
• Cooperate with the Investigation: The authorities will investigate your complaint. Be prepared to provide a statement and assist them in their inquiry.
• 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

This section applies if you are a public servant who has been falsely accused of taking a bribe.

• Do Not Tamper with Evidence: Do not attempt to destroy or alter any records related to the incident.
• Cooperate Fully: Cooperate completely with the internal departmental inquiry or the investigation by the anti-corruption agency.
• Present Your Case: Clearly state the facts from your perspective. If you issued an official challan or let the person go with a warning, present those records. If you have bodycam footage, ensure it is submitted as evidence.
• Witnesses: If any other officers or civilians were present, their testimony can be crucial.
• 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

When a complaint of bribery is filed against a police officer, it is typically handled by a specialized agency like the Anti-Corruption Bureau (ACB) or the Vigilance Department, not the local police station, to ensure impartiality.

• The agency will first conduct a preliminary verification of your complaint.
• If the complaint is found to have merit, a First Information Report (FIR) may be registered under the Prevention of Corruption Act.
• The investigation will be conducted discreetly. Investigators will collect evidence, record statements, and analyze the financial transaction records.
• The accused officer may be questioned and, depending on the evidence, could face suspension during the investigation.

FAQs people normally have

Will I get into trouble for my own traffic violations if I report the bribe?

The act of bribery by the officer and your traffic violations are two separate issues. While you are liable to pay the fines for your violations, it does not justify the officer’s illegal demand for a bribe. Reporting the corruption does not automatically absolve you of your traffic offences, but the focus of the corruption case will be on the officer’s conduct.

Is a UPI transaction enough proof to convict the officer?

A UPI transaction is a strong piece of corroborative evidence. It establishes a financial trail. However, the prosecution will likely need to supplement it with other evidence, such as your testimony, witness statements, and the circumstances of the incident, to build a solid case.

What if the UPI payment was made to a third party, not the officer directly?

This is a common tactic used by corrupt officials. The investigating agency will trace the owner of the UPI account and investigate their connection to the officer. This is a part of their standard investigation process.

What evidence is required?

To build a strong case against the corrupt official, the following evidence is crucial:

• Digital Proof: A screenshot of the UPI/digital wallet transaction, showing the amount, date, time, and recipient’s details.
• Details of the Incident: A precise account of the date, time, and exact location where the incident occurred.
• Officer’s Identification: Any details you can recall, such as name, rank, belt number, or the registration number of the police vehicle.
• Recordings: Any audio or video recording of the conversation, if you were able to capture it.
• Witnesses: If anyone else was present and witnessed the event, their contact information would be helpful.

How long will the investigation take?

Investigations into corruption cases can be lengthy and complex. The duration depends on various factors, including the availability of evidence, the cooperation of witnesses, and the workload of the investigating agency. It can take anywhere from a few months to over a year for the investigation to be completed and for a chargesheet to be filed in court.

Advocate Sudhir Rao, Supreme Court of India