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Pranit Koli   18 December 2020

vehicle inspection without warrant

Can a police officer stop my vehicle on the road and inspect my vehicle with no warrant?



Learning

 1 Replies

Samayeta Bal   18 December 2020

Hey there,

No. the cops do not need a search warrant to search your vehicle.

The Motor Vehicles Act gives extensive powers to the Police officials to stop, inquire details and search the vehicles of public 

See S 131 ~ The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer allowed in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.

If the Police Officer is under the apprehension that an offence has been committed (jumping lights / over speeding/accident), they can ask your details. 

Also, see S 179 ~ 
(1) Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees.

(2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

The authority is the traffic police, of course. 

The Police can also arrest without warrant. See S 202 ~

(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184(Dangerous Driving) or section 185 (Drunk Driving) or section 197 (Using Vehicle Without Authority).

See the intent of legislature - it is controlling and punitive in nature. 

Therefore, do not resist when a police officer asks you where you are headed, where you are coming from, etc. Things will only get ugly. Politely answer all the questions and be on your way. I have noticed that people automatically become defensive when stopped for a check; it is not extra-ordinary that you are being stopped. It is routine stuff, take it like that. 

Not to undermine the unfortunate instances of police outrage or aggression against citizens. 
 

I hope I answered your query. 


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