Prashant 19 August 2015

Falsely accused in rash driving

I drove past green traffic signal about to get red at normal speed(20/30kmph) and continued to drive normally. A traffic policeman came from behind and asked me to stop. I followed his signal and stopped on the spot. He took me to office of traffic police where they filed a FIR against me which constituted IPC 279, MVI 132(A), 119/177, 184. I never got to know that they are filing these cases on me since they all were talking in Marathi and I don't know it. What happened is I didn't stop when he asked me to stop just because I didn't see him. I was on extreme right side of the road and he was standing on the left.

After that a policeman took me to Police station and one of the policeman said that either I'd have to go to jail or I'd have to pay bail of Rs. 5000 and you'll be challaned for not stopping on police's signal in the court. I said Okay and paid the bail. Now in court I got to know that I've been imposed with so many offences.

How to proceed with it?

PS: I was on the road where there is bumper to bumper. No one can drive over 30kmph at any time of the day . One of the busiest roads of Pune. (7am to 9pm)
PSS: If I wanted to run, I would have taken the highway route (Mum-Pune) where I could easily get past policemen. Instead I chose high traffic road.

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6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 19 August 2015

Offences

IMPORTANT SECTIONS OF MOTOR VEHICLES ACT : 1988

Sr. No

Offences

Act

Punishment

Driving without License

3/181,180 m.v Act

Three months imprisonment or fine of Rs.500/- or both

Age Limit without D/L (Minor)

4/181,180 m.v Act.

Three months or fine Rs.500/-or both

Allowing & Person Without D/L

5/181,m.v.Act

Three months or fine Rs.1000/-or both.

Without Registration Certificate

39/192, m.v Act.

Not less rs.2000 to 5000 second one year with fine 5000-10000

Without fitness certificate

56/192, m.v. Act

Without Permit or contravention permit

66/192,a m.v. Act

1st offence to be Rs.5000 not less 2000 or one year, fine Rs.5000-10000

Over and Below Speed (warning u/s. 207, m.v. Act)

112/183, m.v. Act

Fine Rs.400, previously convicted up to Rs. 1000

Driving Dangerously

184 m.v Act.

1st offence 6 months fine Rs.1000. 2nd 2 years, fine Rs.2000 or both.

Excess Weight (Warning u/s 207 m.v Act)

113/194 m.v. Act

Fine Rs.2000, per Ton excess 1000

Playing in Restricted Area

115/194, m.v. Act

Rs.2000

Violation one way Restriction

115/194, m.v. Act

Rs.2000

Violation of Silence Zone

115/194, m.v. Act

Rs.2000

Parking in "No Parking" Where Notified

115/194, m.v. Act

Rs.2000

Disobey of Traffic Signal

119/177,m.v. Act

1st Fine Rs.100, 2nd Rs.500

Left Hand Steering Without Elect or Mach Indicator

120/177, m.v. Act

1st Fine Rs. 100, 2nd Rs.500

Driver Not Signaling

121/17, m.v. Act

1st Fine Rs. 100, 2nd Rs. 500

Improper and Obstructive Parking

122/177, m.v. Act

1st Fine Rs. 100, 2nd Rs.500

Traveling on Foot Board Boner or Tip.

123/177, m.v. Act

1st Fine Rs.100, 2nd Rs.500

Traveling without Ticket (Bus)

124/178, m.v. Act

Up to Rs. 500/-

Conduct Refused to give the Ticket

123/178, m.v. Act

Up to Rs. 500/-

Obstructive Driving by carrying any thing which Hamper the Driver.

125/177, m.v. Act

1st Fine Rs.100, 2nd Rs.300

Triple Riding

129/177, m.v. Act

Fine Rs. 300/-

Driving without Helmet N.A to Sikh wearing Turban

129/177, m.v. Act

Fine Rs.300/-

Not Producing D/l, R/C, R/C. I/C, Permit

130/177, m.v. Act

Fine Rs. 300/-

Conductor Not showing his License

130/177, m.v. Act

Fine Rs. 300/-

Refusal by Taxi, Tsr, Msr, Buses

4.38(9)/177m.v. Act

Fine Rs. 300/-

Disobey of Lawful Direction

132/179, m.v. Act

If no penalty provided Fine Rs. 500, 1 month or Both.

Causing Obstruction in the Discharge of Lawful Duties and give False Information.

132/179, m.v. Act

If no penalty provided Fine Rs. 500, 1 month or Both.

Owner not giving Information of Accident.

133/179, m.v. Act

One month, Rs.500 both.

Offence Relating to License Driver

182(1), m.v. Act

3 month, Rs.100 or both.

Concealment of the Facts of Disqualification DL.

182(2), m.v. Act

One month, Rs. 100 or both

Dangerous driving (Warning

184, 187, m.v. Act. 209, m.v. Act.

Six month, Rs.1000, both subsequent offence with 3 years.

Driving under influence of drugs and Alcohol

185, m.v. Act

Six month, Rs.2000, both subsequent offence with 3 years, 2 years, Rs.3000, both.

Driving when Mentally and physically unfit.

186, m.v. Act.

Rs. 200, 2nd Rs. 500

Sounding of pressure Horn, producing Excessive noise & Emitting Excessive smoke

190, m.v. Act

Rs.1000, 2nd offence Rs.2000

Violation of set standard for the carriage of Hazardous Goods.

190, m.v. Act.

One year, Rs. 3000, both 2nd 3 years Rs. 5000, both

Power to arrest without warrant

202, m.v. Act.	Driving Dangerously, Driving Drunken, vehicle without authority.
38	Without Insurance	146/196, m.v. Act.	3 month, Rs. 500, both.
39	Breathalyzer Test	203, m.v. Act.	If suspected drunken
40	Power of police officer to Impound False Documents.	130/206, m.v. Act.	Sec. 164 IPC.
41	Alternation in motor vehicle	52/191, m.v. Act.	Rs.500
42	Power to detain vehicles used without FC, RC, DL permit.	207, m.v. Act.
43	On public way driving roughly, Negligence	279 IPC	6 Months, Rs. 1000, both

advocate nitin kumar (lawyer) 19 August 2015

mister such things are common in traffic department, they always look for peoples who are innocent and they try to put all blames on the one who is caught.

You have two option :

By compounding
By disposal in the Court

By compounding means appearing before the traffic SP and paying the fine as imposed by them and them walk out as a free man (there are very little chances that they will give you any type of concession on fines imposed on you)

DISPOSAL OF CHALLAN IN THE COURT

For disposal in the Court you have to appear in the court on the date and place mentioned the challan. You will be trailed by the court whether you plead guilty or not.

If you plead guilty court may impose penalty on the facts and circumstances of the case.

If you do not plead guilty you may be asked by the court to submit the ground/documents on the basis of which you do not plead guilty. After hearing you and the challaning officer, the court will decide the case.

so for this purpose you need to hire an adovcate who is expert in traffic challans ddisposals.

chances are that you may not even have to pay a single rupee if only your advocate can satisfy the court that it was not your fault.

so mister my personal advice to you is thtat if you really think that you did not broke any traffic rule and traffic police painted you with their fabricated and false blames, then it is high time to hire an advocate (traffic challans expert) and teach those corrupt traffic police personnels a lesson.

hope that helped.

SAINATH DEVALLA (LEGAL CONSULTANT) 19 August 2015

Rightly concluded by Mr.Nitin

advocate nitin kumar (lawyer) 19 August 2015

thank you mr Sainath Devalla

I leraned this from my own experiance because the incidence like this one has happened to me once and I did not paid a single rupee to traffic police and went to court with my other advocate friend (since I can not present my own case myself)

And surprisingly paid no fine etc and was aquitted, moreover the traffic sub-inspector got written instruction from court to behave properly with citizens and not to exploit innocents.