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Traffic Police Rules not true

challan can get cancelled by showing the papers within 15 days of the challan date

News Spread On Social Media as follow.

Important information need to share in the public interest. And to help prevent corruption ..

If you are not carrying license or vehicle papers and you are being challaned, don’t pay the fine immediately, you will get a legal 15 days to show the papers. Your challan can get cancelled by showing the papers within 15 days of the challan date.

The information is via the Right to Information Act.

Kindly share this information !!

ITS NOT TRUE – READ WHY:-

The message suggests that if you are being challaned for not carrying your license or vehicle papers, you don’t have to pay fine immediately, you will get a legal 15 days to produce the papers, and your challan can get cancelled thereafter. It is not a fact.

According to the Indian Central Government Act, Section 130 in The Motor Vehicles Act of 1988, it is the duty of the vehicle driver to produce his driving licence and the certificate of registration when asked for examination by any police officer in uniform. This act also mentions that if the driver does not possess any of these important documents, the police officer or the transport authority can take charge and act as prescribed to them by the Central Government.

Then Section 139 of The Central Motor Vehicles Rules, 1989, an amendment of the previous act, also explains about the production of licence and certificate of registration saying:

Production of licence and certificate of registration. The driver or conductor of a motor vehicle shall produce certificate of registration, insurance, fitness and permit, the driving licence and any other relevant documents on demand by any police officer in uniform or any other officer authorized by the State Government in this behalf, and if any or all of the documents are not in his possession, he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents by registered post within 15 days from the date of demand.

This means that if a driver could not produce any of the necessary documents at the time of examination of the police officer or authority, then he can later produce the same in original or in attested photocopy form. But this does not mean that he does not have to pay the challan fine for not carrying the necessary vehicle documents, and his challan will not be cancelled either. The claim in question appears to be a misunderstanding of this legal provision to produce the necessary documents later, and in case the vehicle is detained by the police officials, it can be released this way. One has to carry all the necessary documents of the vehicle, and if he does not do that, he has to pay the challan fine. It should also be noted that these challan fine amounts and the process of recovery of a detained vehicle can slightly vary from state to state in India. For detailed information about the challan fine amounts, and the process of recovering a detained vehicle in absence of documents, you can check the official traffic police portal of your respective state/city. To the same query circulating on Facebook, the Hyderabad Traffic Police of Andhra Pradesh state replied saying:

If anyone violates a rule a challan will be written and he will be asked to pay the fine amount. If the individual does not have money, then either he has to surrender his original Certificate of Registration(RC) or Driving License(DL). If he does not carry the original RC or DL (or permit in case of transport vehicles), ultimately the vehicle will be detained and challan will be issued with that effect. If he wants to pay on the same day he can pay at the Police Station and get his documents or vehicle released. If he pays on the next day or after, he has to pay at the Traffic Compounding booth and gets his RC or DL from the compounding booth and get the vehicle released from the Police Station concerned by showing the paid challan slip issued by the Compounding booth. The court comes into picture when he approaches for contesting/opposing the case. If court feels that he is at fault, he has to pay in the court and if the case comes in his favour he need not pay at all, the court orders the police to give back the documents or vehicle to him.

Therefore there is no such legal provision or motor vehicle law in India that allows us to produce the documents later and cancel the challan fine levied by the police officials or traffic authority. Carrying all the necessary documents along with the vehicle is always the best idea.