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

Mr. Alok Sharma, a resident of a different state, was shocked to receive a traffic challan earlier this year for overspeeding in the city of Ramanagar, Pradesh Pradesh. The challan, amounting to a significant sum, was issued against his two-wheeler. However, upon checking the evidence attached to the e-challan, he noticed a glaring error: the photograph was of a car, which clearly did not belong to him. Confident that this obvious mistake would lead to an automatic cancellation, he contested the challan through the official portal.

To his dismay, instead of being resolved, the matter escalated. The online portal now shows that the case has been forwarded to the court of the Chief Judicial Magistrate in Krishnanagar, with a hearing date set for next year. The portal presents him with two options: either visit the court physically to dispose of the matter or pay the fine online to the Transport Department. This pending challan has created a new problem for him – he is unable to renew his Pollution Under Control (PUC) certificate, which puts him at risk of receiving another fine. Furthermore, he has started receiving WhatsApp messages from the Transport Department, warning of additional penalties. Mr. Sharma was hoping to resolve this during the upcoming Lok Adalat but is worried as he cannot travel to Krishnanagar. He is now contemplating whether he can request a virtual hearing or if hiring a lawyer is the only way out of this predicament.

Advice in such cases

Receiving a wrongly issued traffic challan that has been sent to court can be frustrating. However, it is a manageable situation if you take the right steps.

• Do not ignore the notice or the court summons. Ignoring it can lead to more severe consequences, including a non-bailable warrant in some cases.
• Preserve all evidence meticulously. This includes a screenshot of the challan with the incorrect photographic evidence, your vehicle’s registration certificate (RC), and any communication received from the transport department or police.
• Do not pay the fine if you are certain the challan is incorrect. Paying the fine is an admission of guilt and will close the case, making it much harder to rectify the error later.
• 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 offences in India are primarily governed by the Motor Vehicles Act, 1988, and its subsequent amendments.

• Section 183 of the Motor Vehicles Act, 1988: This section deals with the offence of driving at an excessive speed. The penalties are prescribed under this act.
• Contesting the Challan: When a challan is contested, the matter is referred to a magistrate’s court for adjudication as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Virtual Courts: The concept of virtual courts has been implemented in many states to handle traffic challan cases. Your lawyer can file an application or guide you on how to request a virtual appearance, especially if you reside in a different state.

If you are the complainant

In this scenario, you are not the complainant but the person against whom the challan has been issued. Your role is that of a respondent or an accused in the court proceedings.

• Your primary responsibility is to prove that the challan was issued erroneously. The incorrect photographic evidence is your strongest defence.
• Respond to all court notices and summons without fail. Your lawyer can appear on your behalf if you are granted an exemption from personal appearance.
• 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 a victim of a systemic or clerical error, you have the right to challenge the wrongful action of the authorities.

• Your first step is to formally bring the error to the notice of the court. This is typically done by filing a reply or an application to quash the challan.
• Document the issues you are facing due to the pending challan, such as the inability to renew your PUC certificate. This can be presented in court to highlight the urgency of 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

Often, traffic challans are generated by automated systems like speed-detection cameras. The initial process is technology-driven, and clerical errors, such as incorrect data entry linking a photo to the wrong vehicle number, can occur. Once a challan is generated and then contested, the traffic police department’s role is often limited to forwarding the case to the court. They may not have the internal mechanism to withdraw a challan once it has entered the judicial system. The court is the appropriate forum to examine the evidence and adjudicate the matter. The police are then bound by the court’s decision.

FAQs people normally have

What evidence is required?

To successfully contest a wrong challan in court, you will need:

• A copy of the e-challan notice.
• A clear screenshot or printout of the evidence from the portal showing the wrong vehicle (the car).
• A copy of your vehicle’s Registration Certificate (RC) to prove that your vehicle is a two-wheeler.
• An affidavit stating the facts of the case and affirming that your vehicle was not involved in the alleged offence.
• Any proof that you were elsewhere at the time of the alleged offence, if available.

How long will the investigation take?

Since the matter is already in court, it is no longer in the “investigation” stage but in the “adjudication” or “trial” stage. The duration depends on the court’s caseload and procedures. However, for a case with such clear evidence of error, a competent lawyer can file an application for quashing the proceedings or for an early hearing. In many instances, such matters can be resolved in a single hearing once the magistrate is shown the discrepancy between the challan and the evidence on record.

Advocate Sudhir Rao, Supreme Court of India