One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X received an e-challan worth Rs. 10,000 for driving without a valid PUC certificate in City A. The violation occurred on DD/MM/YYYY, just one day after his PUC certificate expired. The e-challan was generated through automated camera surveillance on Area X road. The notice mentioned a court hearing date of DD/MM/YYYY at the local traffic court. However, Mr.X would be traveling outside City A during that period and couldn’t attend the hearing. He was concerned about the hefty penalty amount and sought legal advice on alternatives to either paying the full fine or attending court personally. The case involved understanding traffic violation procedures under the new criminal laws and exploring options for representation or adjournment.

Advice in Such Cases

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 to 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.

• Apply for adjournment through proper legal channels before the hearing date
• Consider engaging a local advocate for representation in your absence
• Gather evidence of PUC renewal attempts or technical issues if applicable

Applicable Sections of Law

Traffic violations fall under the Motor Vehicles Act, 2019, but criminal proceedings are governed by BNSS (Bharatiya Nagarik Suraksha Sanhita). Section 214 of BNSS deals with warrant procedures, while Section 87 covers summons to accused persons. Section 317 of BNSS allows proceedings in absence of accused in certain cases. Section 223 of BNS (Bharatiya Nyaya Sanhita) may apply to public nuisance aspects of pollution violations. These provisions work together to determine how traffic violation cases proceed through the judicial system.

If You Are the Complainant

• File complaint with traffic police providing photographic evidence of the violation
• Submit witness statements from other road users if available
• Provide documentary proof of environmental damage or public inconvenience caused
• Ensure proper service of notice to the accused vehicle owner
• Cooperate with court proceedings and provide additional evidence as required

If You Are the Victim

• Immediately renew your PUC certificate and obtain valid documentation
• File an application for adjournment citing unavailability with supporting documents
• Engage a local advocate to represent you during the hearing
• Prepare defence showing good faith attempt to maintain vehicle compliance
• Explore options for reduced penalty based on prompt renewal and clean driving record

How the Police Behave in Such Cases

Traffic police typically treat PUC violations as routine administrative matters. They rely heavily on automated camera evidence and rarely conduct detailed investigations. Police generally support plea bargaining for reduced fines in first-time offenses. However, they maintain strict stance on repeat offenders or commercial vehicles. Officers usually cooperate with adjournment applications if proper procedures are followed and valid reasons provided.

FAQs People Normally Have

Can I send someone else for the hearing? Yes, you can engage an advocate to represent you, but family members cannot appear without proper authorization.

Will non-appearance result in arrest warrant? For traffic violations, courts rarely issue arrest warrants for first-time non-appearance, but may proceed ex-parte.

Can the fine amount be reduced? Courts have discretionary power to reduce fines, especially for prompt PUC renewal and clean records.

Is online payment the only option? No, you can contest in court, apply for adjournment, or negotiate through legal representation.

What Evidence Is Required?

• Original e-challan notice with clear violation details and date
• Vehicle registration certificate and insurance documents
• Previous PUC certificates showing compliance history
• New PUC certificate obtained after violation
• Photographs of vehicle at the time of alleged violation if available
• Driving license and clean driving record documents
• Travel documents or medical certificates for adjournment applications

How Long Will the Investigation Take?

Traffic violation cases are typically straightforward with minimal investigation required. Camera-based e-challans rely on automated evidence, so investigation usually takes 7-15 days for documentation. Court proceedings may extend 2-6 months depending on adjournments and court schedules. Most cases resolve within 3-4 hearings if proper legal representation is arranged.

Advocate Sudhir Rao, Supreme Court of India