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

Mr. Kumar, a resident of the city of Vishakha Nagar in Dakshin Pradesh, recently found himself in a legal predicament. During a trip to the scenic state of Parvat Pradesh a few months ago, he was issued a traffic challan for a minor violation by the local traffic police. Busy with his work and travel, he completely forgot about the challan. To his surprise, he has now received a summons from a local court in Parvat Pradesh, stating that since the challan was not paid within the stipulated time, the matter has been escalated for legal proceedings. Being in a different state, Mr. Kumar is now worried about how to handle this situation, whether he can still pay the fine online, and what the consequences of the court summons are.

Advice in such cases

Receiving a court summons for an unpaid traffic challan can be stressful, especially when it’s from a different state. Here is some general advice on how to proceed:

• Do Not Ignore the Summons: The most critical step is to not ignore the court notice. Ignoring a summons can lead to more severe consequences, including the issuance of a warrant.
• Verify the Details: Carefully check the details on the challan and the court summons. Ensure the vehicle number, name, address, and the nature of the violation are correct.
• Understand the Notice: The summons will specify the court’s location, the date of hearing, and the offense. It is crucial to understand what is being asked of you.
• Check Online Portals (Virtual Court): While the case is in court, standard online payment portals like Parivahan may no longer allow you to pay the challan directly. However, many states have integrated with the e-Courts project, which includes Virtual Courts for traffic offenses. Check the e-Courts website to see if your case is listed and if there is an option to plead guilty and pay the fine online.
• 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 and their penalties are primarily governed by the Motor Vehicles Act, 1988 (as amended). The procedure for court proceedings, including the issuance of summons and appearance, is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Motor Vehicles Act, 1988: This Act specifies the various traffic offenses and the corresponding fines or punishments. Section 208 of the Act outlines the summary disposal of cases, which is often what happens with traffic challans moved to court.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This code lays down the procedure that courts follow. When a challan is forwarded to the court, a summons is issued under the provisions of the BNSS, requiring the alleged violator to appear before 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. If you are the person who has received the challan and subsequent court summons, you are the respondent or the accused in this matter. Your primary role is to respond to the allegations.

• Respond to the Summons: Your first duty is to respond as directed by the court. This may involve appearing in person or through a lawyer.
• Decide Your Plea: You will have to decide whether to contest the challan or plead guilty to the violation. If you plead guilty, the court will impose a fine, which you must pay to close the case. If you contest it, a trial will proceed.
• 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 context, you are the “victim” of the circumstances, facing a legal process due to an oversight. Your goal is to resolve the matter with minimal hassle and legal consequences.

• Seek Resolution: Your aim should be to close the case legally. This usually means paying the fine determined by the court.
• Representation through a Lawyer: Since you are in a different state, travelling for the hearing might be difficult and expensive. You can hire a local lawyer in the city where the court is located to represent you. The lawyer can appear on your behalf, plead guilty if you choose to, and pay the fine to settle the matter.
• 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 role of the police in this scenario follows a standard procedure. Their behavior is generally procedural rather than investigative.

• Issuance of Challan: The traffic police issue an e-challan or a physical challan at the time of the violation.
• Reminder Notices: Before escalating to court, the department usually sends reminder notices via SMS or post.
• Forwarding to Court: If the fine is not paid within the grace period (typically 60-90 days), the police department forwards the unpaid challan to the jurisdictional traffic court.
• Court Process: Once the case is in court, the police’s direct role diminishes. They act as the prosecuting party, but the proceedings are managed by the judiciary.

FAQs people normally have

Here are some frequently asked questions in such situations:

• Can I still pay the challan online after it has been sent to court?
  

  Usually, no. Once the case is transferred to a physical court, the online payment option on standard portals is disabled. You may need to check the Virtual Court portal or pay the fine directly at the court as per the magistrate’s order.

  
  
• Do I have to travel to the other state for the court hearing?
  

  Not necessarily. You can hire a local advocate to represent you. They can file a ‘Vakalatnama’ (a document empowering the lawyer to act on your behalf), attend the hearing, and complete the formalities for you.

  
  
• What happens if I ignore the court summons?
  

  Ignoring a court summons is a serious offense. The court may issue a bailable or non-bailable warrant against you, leading to potential arrest and more significant legal trouble.

  
  
• How can a lawyer help me in another state?
  

  A lawyer can handle the entire process remotely. You can authorize them to appear for you, enter a plea on your behalf, pay the fine imposed by the court, and get the case closed. This saves you the time, cost, and stress of travelling.

  
  

What evidence is required?

For a traffic challan case in court, the primary documents are:

• The original traffic challan (or its digital copy).
• The court summons you received.
• Any proof of identity and address.
• If you choose to be represented by a lawyer, a signed Vakalatnama.
• If you contest the challan, you would need evidence to support your claim (e.g., proof that you were not at the location, etc.), though this is rare for minor violations.

How long will the investigation take?

In a traffic challan case, the “investigation” is already complete, which resulted in the challan being issued. The current phase is judicial adjudication, not investigation. The time it takes to resolve the case in court depends on several factors:

• Court’s Caseload: The date of your hearing depends on the court’s schedule.
• Your Plea: If you plead guilty (usually through your lawyer), the case can be resolved on the very first hearing date. The magistrate will impose a fine, and upon its payment, the case is closed.
• Contesting the Challan: If you decide to contest the charge, the process will take longer as it will involve a trial with evidence and arguments, spanning multiple hearings.

Advocate Sudhir Rao, Supreme Court of India