Dipto
Asked July 26, 2013

Can policemen can confiscate car documents at random checks?

  • 3 Answers
  • 606 Views

In the laws governing vehicles/driving, can a policeman confiscate legal documents relating to a car if at the time it's stopped for random inspection, it is being driven by someone other than its registered owner? A policeman did the same to my cousin while he was driving his father's car, and has still not returned the papers. It's been 3 weeks since then. Is the police allowed to do such a thing? Also, how can we retrieve the papers?

Answers 3

Default avatar
Anupama

In case of violation of traffic rules like : not wearing helmet or a seat belt or driving above the speed limit, the traffic police will ask you to pay the fine (as applicable in the state) for which he will give a receipt which certifies that the fine has been paid. The receipt contains details like name; date, receipt no., area, license no., vehicle no., offence committed, fine paid.

There might be situations where either you don’t have enough money to pay the fine or the traffic police ask you to deposit the fine at some authorized bank. In such a case the traffic police will issue a Challan in your name which again would contain more or less the same details as there in a receipt. You will be required to pay the fine at the notified bank or centre and collect the receipt which on being produced before traffic police authority in traffic police department will enable you to retrieve your documents such a vehicle papers or license which were withheld by the traffic police at the time of issuing challan. One may even pay the fine through e-challan; which is an electronic format of challan and to access it what is needed is the vehicle registration number.

There could even be a situation where a person doesn’t have a license, no vehicle papers and not even insurance; in such a case traffic police might seize the vehicle and issue a challan. To get the vehicle back the person will have to produce the required documents in a local court and then get the vehicle.

While confiscating the documents, a receipt should have been given by the policeman and it is against that receipt the documents can be retrieved. However, rules differ from state to state.

Agree Comment 0 Agrees about 4 years ago

Default avatar
Rachnendra

A random inspection can surely be done by the police and under various circumstances the policeman can confiscate the legal documents relating to the vehicle. The question in hand refers to a situation wherein the vehicle was driven by someone who was not the registered owner of the car.

The policeman can never confiscate the legal documents of the vehicle on the sole ground that the person driving the vehicle was not the registered owner of the car. Apart from wearing the seat bealt or abiding with the speed limit there are other essentials which should be taken care of. These essentials include having a driving license, registration documents of the vehicle and insurance papers.in case the police ceases the documents then it has to file a challan in the respective court.

Agree Comment 0 Agrees about 4 years ago

Default avatar
Aditya Marwah

In the laws governing vehicles/driving, can a policeman confiscate legal documents relating to a car if at the time it's stopped for random inspection, it is being driven by someone other than its registered owner? A policeman did the same to my cousin while he was driving his father's car, and has still not returned the papers. It's been 3 weeks since then. Is the police allowed to do such a thing? Also, how can we retrieve the papers?

 

Yes, under Section 130 of The Central Motor Vehicles Rules, 1989[1] it is the duty of the driver of the vehicle/car to produce licence and other legal documents related to the car of a policeman asks for it. A policeman has the power under Section 206 of The Central Motor Vehicle Rules, 1989[2] to impound documents related to the car, such as PUC, driving license, insurance, registration certificate, etc.

 

As per Section 206(3) of The Central Motor Vehicles Rules, 1989, any police officer or other person who seizes a licence, shall give to the person who surrenders his licence an acknowledgment, that he has seized the license and such acknowledgment shall authorise the holder of the license to drive until his licence has been returned to him or until the date that has been specified by the police officer.

Provided that if any Magistrate, police officer or other person authorised by the State Government, on an application made to the license holder, is satisfied that the licence cannot be, or has not been, returned to the holder, before the date that had been specified in the acknowledgment and then the Magistrate or the police officer may extend the period of authorization to drive the vehicle.”

All states and cities have different procedures as to how you can retrieve legal documents related to your car. The procedure to get back your documents is that they can be obtained from the district court. In the case of Delhi[3], you can register your complaint with the Complaint Cell of the particular city or state (each state/city has its own complaint cell[4]) and then they will look into the matter. Similarly other states and cities such as Maharashtra, Chandigarh, Calcutta, Bangalore, etc. have their own transport departments and the procedure is generally the same everywhere.  In your case, since the police officer has not returned the documents till now, you can register a compliant in the Complaint Cell of the Transport Department where your cousin resides and then they will look into the matter and direct your problem to higher authorities.

 

 

[1]http://www.vakilno1.com/bareacts/centrlmotr1989/centrlmotr.html#Section_139_Production_of_licence_and_certificate_of_registration

[2] http://www.vakilno1.com/bareacts/motorvehiclesact/motor-vehicles-act.html#206_Power_of_police_officer_to_impound_document

[3] http://delhigovt.nic.in/newdelhi/dept/transport/tr4.asp

[4] Ibid.

Agree Comment 0 Agrees over 3 years ago

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