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

Mr. Sameer Verma was recently driving his car through the city of Chandrapur. He was navigating unfamiliar roads using a popular GPS application on his phone. The app directed him to take a service lane next to the City Center metro station exit. Trusting the technology, he followed the suggested route. A few days later, he was shocked to receive an e-challan on his phone for “wrong-side driving.” This was his first traffic violation in several years, and he was perplexed about how to proceed. He wondered if he could contest the challan in a virtual court and use his GPS route history as evidence to prove that he was simply following the application’s directions and had no intention of breaking the law.

Advice in such cases

Receiving a traffic challan can be stressful, especially when you believe you were not at fault. Here is some general advice:

• Preserve Evidence: Immediately take screenshots of your GPS history showing the suggested route. If possible and safe, revisit the location to take pictures of the signage (or lack thereof) to support your case.
• Review the Challan: Carefully examine the e-challan for details like the date, time, location, and any photographic evidence attached. Check for any discrepancies.
• Do Not Ignore It: Ignoring a challan will lead to increased penalties and potential legal complications, including the suspension of your driving license.
• 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 in India are primarily governed by the Motor Vehicles Act, 1988, and the rules framed thereunder. Key sections include:

• Section 119 of the Motor Vehicles Act, 1988: This section mandates that every driver must obey all traffic signs. The prosecution will rely on this, stating that a ‘No Entry’ or ‘One Way’ sign was present, which the driver failed to obey.
• 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. Minor traffic violations often fall under this section.
• Section 184 of the Motor Vehicles Act, 1988: This section deals with driving dangerously. Driving on the wrong side of the road can be considered dangerous driving, attracting higher penalties.
• Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section outlines the summary disposal of cases, which is relevant for traffic challans contested in virtual courts.

If you are the complainant

In this scenario, you are not the complainant but the alleged violator challenging the challan. Here’s what you should do to present your case effectively:

• File the Challenge Online: Most states have a virtual court or e-challan portal. You can select the option to “contest the challan” instead of paying the fine.
• Prepare Your Statement: Write a clear and concise statement explaining that you were new to the area and were relying on a GPS navigation service, which led you onto that road.
• Submit Your Evidence: Attach the screenshots of the GPS route history, photos of the location showing poor or non-existent signage, and any other relevant proof.
• 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

As the person who has received the challan (the alleged violator), your rights and steps are crucial:

• Understand the Charge: Be clear about the exact violation you have been charged with as mentioned in the challan.
• Review the Prosecution’s Evidence: Look at the photo or video evidence provided by the traffic police in the e-challan. Does it clearly show your vehicle violating the rule? Is the number plate legible?
• Plead Not Guilty: In the virtual court, you will have the option to plead guilty and pay the fine or plead not guilty and contest the charge. Choose the latter if you believe you have a strong case.
• 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 traffic police operate based on the evidence captured by surveillance cameras or observations made by officers on duty. When a challan is issued, they consider it a valid charge based on their evidence. When you contest it, they will present their evidence (like a time-stamped photo of your vehicle on the wrong side) to the court. They are unlikely to be swayed by the “GPS made me do it” argument alone, as the legal onus is on the driver to observe road signs. However, if you can prove that the signage was absent, misleading, or obstructed, your chances of success increase significantly. The magistrate in the virtual court will decide the matter based on the evidence presented by both parties.

FAQs people normally have

Can relying on a GPS be a valid legal defense to waive a challan?
While it is not a guaranteed defense, it can be used as a mitigating factor to argue that there was no “mens rea” or guilty intention to break the law. Its success heavily depends on supporting evidence, like the absence of clear traffic signs.

What is the procedure to challenge an e-challan in a virtual court?
You need to visit the official e-challan website for your state, enter the challan details, and choose the “contest” option. You will be redirected to the virtual court portal where you can submit your plea and evidence. The court will then notify you of the hearing or decision.

Will this violation show up on my permanent record?
Yes, traffic violations are recorded against your driving license and vehicle registration number. An accumulation of violations can lead to higher fines for subsequent offenses and potential license suspension.

What evidence is required?

To build a strong case when challenging a wrong-side driving challan, you should gather the following:

• A copy of the e-challan.
• Clear screenshots of the GPS application’s route history for that specific trip.
• Date and time-stamped photographs or videos of the location, focusing on the presence, absence, or condition of traffic signs (e.g., ‘No Entry,’ ‘One Way,’ ‘Diversion Ahead’).
• If the challan photo is unclear or of poor quality, highlight that as well.

How long will the investigation take?

The process of challenging a challan in a virtual court is designed to be swift. Once you contest the challan and submit your evidence, the matter is placed before a magistrate. The police department submits its evidence in response. The magistrate reviews both sides and typically passes an order within a few days to a few weeks. You will be notified of the outcome (whether the challan is upheld or dismissed) via SMS or on the portal. The entire process is handled online and does not usually require a physical court appearance for such minor offenses.

Advocate Sudhir Rao, Supreme Court of India