Motor vehicle act & traffice police officer on duty.
Querist :
Anonymous
(Querist) 28 January 2012
This query is : Resolved
Respected Sir,
1st scenario :
My query is why Traffic Police officer on his duty has been treated as a final authority if he see any offence which is against MVA.If any offender refuse to accept the offence which he/she has done than how a Traffic police or the offender can produce the evidence that who is correct a Traffic Police or the person who had broken the rule.In this case,is the Traffic Police is the final authority to arrest or to charge the fine?
2nd Scenario,
If any person who had note broken the MVA but the Traffic Police officer is saying that the person had broken rule of MVA.In this case how that inocent person can prove himself that he has not done anything which is against the rules & regulations of MVA,here how that person can produce the evidence of his inocense.Is the Traffic officer is the final authority and he can arrest or charge fine/penalty to the person.In court of law or in the Traffic police station how this person can defend & prove himself.
Request you to give your valuable guidance in both scenarios.
Thanks
Prasad Surve
Raj Kumar Makkad
(Expert) 28 January 2012
Your questions should be raised with the law enactment agencies as we are not responsible for that situation.
Sankaranarayanan
(Expert) 28 January 2012
You need to proove ur part as genuine with reliable evidence and records.
V R SHROFF
(Expert) 28 January 2012
Your questions though genuine, cannot be answered here, as Traffic Police are given certain authorities, or it may be very difficult to control Traffic, and who will come as witness??
And why Traffic Police should give false report, he is not your enemy??
And it is rare incident that he punish wrongly.
Though corruption is not denied, t's amt is low enough, for those breaking traffic rules.
M/s. Y-not legal services
(Expert) 29 January 2012
am dis agree with our above experts..
the only reason behind this., our peoples ill awareness in law..
no one traffic police can be superior authority., only his duty is regulate the traffic., if any one break the traffic rule mean he can charge against him.. except this nothing.. even he can not compell you to hand over the vehicle with police custody., [except drunk and driving, without insurance]
but due to the urgency., fear about court our people always ready to pay spot fine..
LAW IS CLEAR.. OUR INNOCENT PEOPLES MAKING THAT THEM AS SUPERIORS]
-tom-
M/s. Y-not legal services
(Expert) 29 January 2012
and you need not to prove your innocence before court.. if they charged you mean they should be proved your guilty by witness..
-tom-
Shonee Kapoor
(Expert) 29 January 2012
I agree with Tom on this.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
