Can Traffic Police take away your bike or car keys?
NO. Police officers have NO lawful authority to forcefully snatch keys from your running ignition or deflate tyres.
- • Under Section 130 of the Motor Vehicles Act, motorists are required to produce documents, not surrender keys.
- • Only a police officer of the rank of Sub-Inspector (SI) or above is empowered to issue challans and demand documents.
- • A Constable or Head Constable can only regulate traffic or note registration numbers. They CANNOT seize keys or manhandle motorists.
- • Impounding a vehicle is only permitted for serious offences (e.g. drunk driving, no license, unregistered vehicle) and requires a formal seizure memo.
- Stay calm and polite. Do not engage in physical resistance.
- Politely say: "Sir, under the Motor Vehicles Act, snatching ignition keys is unauthorized. May I please know your name and rank?"
- Note the officer's name badge and patrol vehicle number.
- You have the legal right to record video of public officers on duty in a public place, provided you do not obstruct traffic.
- If keys are taken unlawfully, call 112 or file a grievance with the Traffic Commissioner or SP Vigilance.
Can traffic police refuse DigiLocker or mParivahan documents?
NO. Documents on DigiLocker or mParivahan apps are legally equivalent to physical original documents under Central Motor Vehicle Rules.
- • Ministry of Road Transport & Highways (MoRTH) circular explicitly states digital DL, RC, Insurance, and PUC on DigiLocker / mParivahan are at par with physical certificates.
- • Police cannot harass motorists or impound vehicles merely for not carrying physical plastic cards.
- • If a traffic cop refuses digital verification, they are violating official Central Government mandates.
- Open the verified DigiLocker or mParivahan app and present the QR code.
- If the officer refuses, cite MoRTH Notification RT-11036/64/2017 and Rule 139 CMVR.
- Request to speak with the traffic zone Sub-Inspector or Traffic Inspector.
Can police deflate your vehicle tyres or strike vehicles with lathis?
NO. Deflating tyres or striking vehicles is criminal mischief, illegal, and causes public danger.
- • Police regulations strictly prohibit damaging public property, puncturing tyres, or using physical force against moving traffic.
- • High Courts have repeatedly reprimanded traffic personnel for causing accidents by deflating tyres or throwing lathis at two-wheelers.
- • The officer responsible can face disciplinary suspension and criminal complaints for mischief.
- Immediately capture video evidence or note down the officer's buckle/badge number and location.
- Call National Emergency 112 to report property vandalism by the officer.
- File a formal complaint before the Police Complaints Authority (PCA) or SP Office.
Can Traffic Police tow your vehicle with passengers or children inside?
NO. Towing an occupied vehicle endangers human life and is strictly banned under traffic guidelines.
- • Towing with occupants inside constitutes criminal endangerment under Bharatiya Nyaya Sanhita.
- • If the driver reaches the spot before the car is towed, police must release the vehicle and issue only a parking fine.
- • Tow operators must verify the vehicle interior is vacant before engaging hydraulic lifts.
- Roll down your window and immediately inform the tow operators that there are people inside.
- State: 'Sir, I am inside the vehicle. By traffic rules you cannot tow an occupied car. Please issue the parking ticket.'
Can a Traffic Constable issue you a fine exceeding ₹100?
NO. Only officers of the rank of Assistant Sub-Inspector (ASI) or higher can issue on-the-spot fines exceeding ₹100.
- • Traffic constables can only assist in checking documents or noting vehicle numbers.
- • Officer issuing a challan must possess a government challan book or authorized e-challan POS device.
- Check the officer's shoulder stars (ASI has 1 star, SI has 2 stars).
- Politely ask: 'Sir, may I see your official challan book or e-POS terminal? As per rule, spot fines above ₹100 require ASI rank.'
What are your rights during a roadside Breathalyzer alcohol test?
Police have authority to test, but you have the right to a fresh sterile straw and a confirmatory hospital blood test.
- • Permissible limit in India is up to 30 mg of alcohol per 100 ml of blood.
- • You can demand that the officer unseal a fresh, sterile plastic pipe in front of you.
- Never resist the test; refusal can lead to arrest under Section 203(3) MV Act.
- Politely request: 'Officer, please unseal a fresh, hygienic straw in front of me.'
Can police in civil clothes without uniform or name badge stop your car and fine you?
NO. Roadside traffic checks and fines can ONLY be conducted by officers wearing proper official uniform and name tags.
- • Supreme Court in D.K. Basu made it mandatory for all police personnel on field duty to wear clear identification tags.
- • Plainclothes officers have no authority to inspect civilian driving documents on roads.
- Politely state: 'Sir, kindly show your official police ID card and badge.'
- Refuse to surrender documents to persons not in uniform, and call 112 if threatened.
What is the legal deadline for police to send a speed camera e-challan notice?
UNDER 15 DAYS. Electronic monitoring rules mandate that any camera-captured traffic violation notice MUST be delivered within 15 days.
- • Rule 167A mandates clear photographic proof showing number plate, date, time, and GPS location.
- • Notice must be delivered via SMS/mail within 15 days of violation.
- Verify on echallan.parivahan.gov.in whether photo proof and timestamp are clear.
- If notice was sent months later without proof, challenge the violation in Virtual Court.