Traffic Challan Sent to Regular Court in Another State? Here’s What to Do

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by

Adv Sudhir Rao
in
Traffic Challan Sent to Regular Court in Another State? Here's What to Do

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

Mr. Kumar, a resident of Jaipur, was perplexed when he received a text message containing a link to a court notice. His car, registered in Jaipur, had been issued a challan for jumping a red light in Alwar, Rajasthan, a few months ago. The original challan amount was Rs. 2,000. Since he had not paid the fine, the challan was forwarded to the regular court of a Judicial Magistrate in Alwar. The notice summoned him to appear in person. Being in a different city, Mr. Kumar was unsure about the procedure and the consequences of not appearing in a court in another state.

Advice in such cases

Receiving a court summons for a traffic violation, especially from another state, can be daunting. Here is a step-by-step guide on what to do:

  • Do Not Ignore the Notice: Ignoring a court summons is a serious mistake. The court can issue a bailable or even a non-bailable warrant against you for non-appearance, leading to potential arrest.
  • Verify the Summons: The first step is to confirm the authenticity of the notice. You can use the case number or party details mentioned in the notice to check its status on the official e-Courts services portal for the relevant district court.
  • Engage a Local Lawyer: The most practical solution is to hire a lawyer who practices in the jurisdiction of the court that issued the summons (in Mr. Kumar’s case, a lawyer in Alwar). An advocate can appear on your behalf, file a Vakalatnama (a document authorizing the lawyer to represent you), and handle the proceedings. Often, your physical presence may not be required.
  • Explore Virtual Hearing Options: Post-pandemic, many courts have provisions for virtual hearings. Inquire with your lawyer if the concerned magistrate’s court allows for an appearance via video conferencing. This can save you the time and expense of travel.
  • 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 resolve in 7-10 days.

Applicable Sections of Law

Traffic violations and the subsequent legal procedures are governed by specific laws:

  • The Motor Vehicles Act, 1988: This is the principal legislation that defines traffic offenses and prescribes penalties. Offenses like jumping a red light, overspeeding, or driving without a license are covered under this Act. The fine amount and other penalties are specified in its various sections.
  • The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The procedure for court summons, appearance, trial, and plea bargaining is governed by the BNSS. When a traffic challan is forwarded to a court, it is the BNSS that dictates how the case will proceed, from the issuance of the summons to the final judgment by the magistrate.

If you are the complainant

In a traffic challan case, the complainant is the State, represented by the traffic police department that issued the challan. Their role includes:

  • Issuing the initial challan based on evidence (e.g., CCTV footage, officer observation).
  • Forwarding the case to the jurisdictional court if the offender fails to pay the fine within the stipulated period.
  • Presenting the collected evidence against the violator in court.
  • Ensuring that a police official or representative is present during the court hearing to depose and prove the violation if the case goes to trial.
Traffic Challan Sent to Regular Court in Another State? Here's What to Do

If you are the victim

In this context, the “victim” is the person who has received the court summons for the alleged traffic violation. As the accused, you have certain rights and options:

  • Right to a Fair Hearing: You have the right to be heard by the court. You can either appear yourself or be represented by a lawyer.
  • Plead Guilty: You can choose to admit to the violation. In such cases, the magistrate will impose a fine, which may be the same as, or slightly higher than, the original challan amount. Once paid, the case is closed.
  • Contest the Challan: If you believe you did not commit the violation, you have the right to contest the challan. You can plead not guilty, and the court will set a date for trial. You can challenge the evidence presented by the prosecution and present your own evidence.

How the police behave in such cases

The role of the police is primarily procedural. Initially, the traffic police use technology like CCTV cameras and e-challan systems to enforce traffic laws. When a challan is issued, a specific timeframe is given for payment. If the violator fails to comply, the police department’s duty is to escalate the matter to the judiciary for legal action. They compile the violation record, including photographic or video evidence, and submit it to the appropriate court. In court, their role is to act as the prosecution’s witness and provide testimony to support the challan they issued.

FAQs people normally have

People facing this situation often have several questions:

  • Can I still pay the challan online after getting a court notice?
    No. Once the case is sent to a regular court, the online payment portals for that specific challan are deactivated. The fine must now be settled through the court process.
  • What happens if I miss the court date?
    Missing the court date without prior information or representation is considered contempt of court. The magistrate can issue a warrant for your arrest to ensure your presence on the next date.
  • Will this give me a criminal record?
    Most traffic violations are classified as petty offenses. While a record of the violation will be maintained in traffic police and court databases, it is generally not considered a “criminal record” in the way a crime under the Bharatiya Nyaya Sanhita (BNS) would be. However, repeated offenses can lead to suspension of your driving license.
Traffic Challan Sent to Regular Court in Another State? Here's What to Do

What evidence is required?

If you decide to contest the challan, evidence is key. The burden of proof is initially on the prosecution (the police).

  • Evidence for the Prosecution: The police will present evidence such as time-stamped CCTV footage showing the violation, a clear photograph of your vehicle’s license plate, or the testimony of the traffic officer on duty.
  • Evidence for the Defense: You can present evidence to prove your innocence. This could include an alibi (proof that you and your car were elsewhere at that time), dashcam footage, or evidence suggesting the traffic signal was faulty or the signage was unclear.

How long will the investigation take?

The “investigation” phase is already over when a challan is issued. The current stage is the “prosecution” or “trial” phase. The duration of the court case depends on your plea.

  • If you plead guilty: The matter can be disposed of on the very first day of your appearance. You pay the fine determined by the court, and the case is closed.
  • If you contest the challan: The case will proceed to trial. This will involve multiple dates for presenting evidence and arguments. Depending on the court’s workload, a contested traffic case can take a few months to conclude.

Advocate Sudhir Rao, Supreme Court of India

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