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

Mr. Alok Sharma was recently driving through the city of Rampur. On his way from the old temple road towards the City Center highway, he made a U-turn at an intersection. Although he believed the signal was green for him to proceed, a traffic police officer stopped him. The officer politely informed him that there was a separate signal for the U-turn which he had missed. Mr. Sharma accepted his mistake without argument. The officer then mentioned that the challan would be for ₹5,000 and his license could be seized. Being a law-abiding citizen who is usually very careful, Mr. Sharma was taken aback. He informed the officer that he did not have that much money on him and would prefer to settle the matter in court. He was issued a challan receipt and is now wondering what his best course of action is, including whether he should wait for the upcoming Lok Adalat session to resolve the matter for a potentially lower amount.

Advice in such cases

Receiving a traffic challan can be a stressful experience. Here is some general advice on how to handle the situation effectively:

• Remain calm and composed. Arguing aggressively with the traffic police officer will likely not help your case.
• Politely ask the officer to explain the specific violation you have committed. Understanding the charge against you is the first step.
• Carefully check the details on the challan, whether it’s an e-challan or a physical one. Ensure your name, vehicle number, and the violation details are correct.
• If you accept the mistake, you can choose to pay the fine through the prescribed channels. If you believe you are not at fault, you have the right to contest it.
• 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.
• Consider the Lok Adalat as a viable option for a speedy and often economical settlement of the challan.

Applicable Sections of Law

Traffic offenses in India are primarily governed by the Motor Vehicles Act, 1988, and the rules framed under it. The new criminal laws like the Bharatiya Nyaya Sanhita (BNS) do not cover these specific traffic violations, which remain under the purview of the special law, i.e., the MV Act.

• Section 177 of the Motor Vehicles Act, 1988: This is a general provision for punishment of offenses for which no specific penalty is provided elsewhere in the Act. Many minor traffic rule violations fall under this section.
• Section 179 of the Motor Vehicles Act, 1988: This section deals with disobedience of orders, obstruction, and refusal of information. Disregarding a traffic signal or a sign could be penalized under this section.
• Section 184 of the Motor Vehicles Act, 1988: This pertains to driving dangerously. While a simple wrong turn may not qualify, it depends on the context and the officer’s discretion.
• The Legal Services Authorities Act, 1987: This Act provides for the constitution of Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. Traffic challans are commonly settled in Lok Adalats.

If you have received the challan

As the person who has been issued the challan, you are essentially the respondent in a case initiated by the state. Here’s what you should do:

• Do not ignore the challan. Ignoring it will lead to it being sent to a virtual or regular court, and a summons will be issued against you.
• Evaluate your options. You can pay the fine online, visit a Lok Adalat for settlement, or contest the challan in the traffic court.
• If you choose to go to the Lok Adalat, you generally need to register for it online through the respective traffic police or legal services authority portal. On the designated day, the magistrate at the Lok Adalat may reduce the fine upon your admission of the mistake.
• 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 believe you were wrongly challaned

If you genuinely believe you did not commit the violation, you have the right to challenge the challan. In this situation, you are a “victim” of a potentially incorrect charge.

• Do not pay the fine, as paying it is often considered an admission of guilt.
• Collect any evidence that supports your case. This could be dashcam footage, photographs of the location showing unclear signage, or anything else that proves your innocence.
• You will have to contest the challan in the court to which it is assigned. The summons or challan document will have details of the court.
• Present your evidence and arguments before the magistrate. If the court is convinced, the challan may be quashed.
• 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

Traffic police officers are tasked with enforcing traffic laws for public safety. Their behavior can vary, but they generally operate within a set framework. They are authorized to stop vehicles for suspected violations, demand documents like your driving license and vehicle registration, and issue a challan. Sometimes, officers may mention the maximum possible fine for an offense as a deterrent. While they can impound your driving license for certain serious violations, this must be done by issuing a proper receipt for the seizure.

FAQs people normally have

Here are some frequently asked questions regarding traffic challans:

• What exactly is a Lok Adalat?
  A Lok Adalat, or “People’s Court,” is an alternative dispute resolution mechanism where disputes or cases pending in the court of law or at the pre-litigation stage are settled amicably. It’s a faster and less formal process.
• Will the challan amount definitely be reduced in a Lok Adalat?
  While not guaranteed, in most cases, magistrates at Lok Adalats take a lenient view for compoundable offenses and reduce the fine amount to encourage on-the-spot settlement and clear the backlog of cases.
• What happens if I miss the Lok Adalat date?
  If you miss the Lok Adalat, the challan will be referred to the regular traffic court. You will then receive a summons to appear before that court on a specified date.
• Can my license be suspended for a minor traffic violation?
  License suspension is typically reserved for more serious offenses like drunk driving, dangerous driving, over-speeding, or for being a habitual offender. A single instance of jumping a signal is unlikely to lead to suspension, but it is within the powers of the licensing authority or the court.

What evidence is required?

In a traffic violation case, the primary evidence for the prosecution (the traffic police) is the officer’s testimony or electronic evidence from traffic or body-worn cameras. For the person who received the challan, the most effective evidence to challenge it is digital, such as dashcam footage that clearly shows they did not commit the violation. Photographs of the scene, especially of poor road conditions or obscured signage, can also be helpful.

How long will the investigation take?

For a standard traffic challan, the “investigation” is instantaneous, based on the on-the-spot observation of the police officer. The subsequent legal process varies. Paying the challan online concludes the matter immediately. Settling it at a Lok Adalat is a one-day process. If you decide to contest the challan in a regular court, it could take a few weeks to several months, depending on the court’s schedule and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India