Civil Procedure Code (CPC)

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sakiorau   24 May 2017

Can policemen put fine for not having licence in hand

Sir / madam few days ago I was stopped by a law and order policeman checking vehicle documents.unfortunately I forgot to bring my licence with me.i said that I forgot it and hence asked him to produce challan so that I can appear before the court within fifteen days and show the original.but the policeman was adamant and he asked for two hundred rupees to leave me.finally after standing for a hour I had to give the amount to him to leave the place.my doubts are 1. Can a law and order police constable file cases on traffic violation. 2. I've heard that even a traffic constable can't book cases standing alone without si in the vicinity.is that true sir.3. is it really possible to get challan and show the documents before the court without paying fine to the policeman.kindly clarify


 8 Replies


(Guest)
Originally posted by : sakiorau
Sir / madam few days ago I was stopped by a law and order policeman checking vehicle documents.unfortunately I forgot to bring my licence with me.i said that I forgot it and hence asked him to produce challan so that I can appear before the court within fifteen days and show the original.but the policeman was adamant and he asked for two hundred rupees to leave me.finally after standing for a hour I had to give the amount to him to leave the place.my doubts are 1. Can a law and order police constable file cases on traffic violation. 2. I've heard that even a traffic constable can't book cases standing alone without si in the vicinity.is that true sir.3. is it really possible to get challan and show the documents before the court without paying fine to the policeman.kindly clarify

You were just robbed.

MPS RAMANI (Scientist/Engineer)     25 May 2017

Certain police officers are empowered to collect fine. When they collect fine they should give a valid receipt. Did he give you receipt? Did you ask for a receipt? Driving a motor vehicle without the driving licence in possession in person is also an offence. What you had done was a punishable offence even if you had a licence left at home. Always ask for receipt for the payment so that the money goes into the treasury. That is what I do.

1 Like

sakiorau   25 May 2017

no sir he dint give me any reciept and i will take your advice sir.thank you

Martin Lois   25 May 2017

It's a common sense to collect the receipt post paying the fine. Now in your case the fine might have ended in Cop's pocket.

MPS RAMANI (Scientist/Engineer)     25 May 2017

Why 'might have', it has ended in the Cop's pocket.


(Guest)

ALL SAY......JAI MODI JAI MODI........CORRUPTION KI JAI.  

ALL SAY NAMO NAMO CORRUPTION.

SOLOMON.RAJ (advocate/director)     26 May 2017

Dear Mr. Sakiorau,

                                 First of all you should be aware that riding a bike ior driving a car without the valid driver's license is an offence s per the Motor vehicle Act. SO with out posessing it, if you were driving the vehicle you have committed an offence.

Secondly, YES!!! The Law & order police also have the right and authority to check the vehicles and their drivers for valid documents, it is not just the traffic police but evne the law & order police . Most of the people are not aware of this.

Thirdly if you were penalised you should have collected the reciept , in this case you haven't so you dont ha ve a say what -so-ever, Be sure to collect the reciept next time if any.

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
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National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
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Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,
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Sudhir Kumar (Dy Director)     28 May 2017

You should hav easked all these questions before paying bribe.


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