Ishita Desai 16 January 2021

Crpc doubt

A person was driving a car to attend to his emergency, and in the middle of driving he got a flat tyre. After fixing the flat tyre, he was just on his way when another tyre of his car flattened. Since he didn't have a spare tyre to fix that, he just had to drive with the flat tyre. People along the way tried to stop him and warn him about the tyre but he drove very fast regardless. People, suspecting he must have stolen the car, called the police authorities. The person kept claiming to the police that he had an emergency, and also that the car was his own car, not stolen. When he was asked to produce documents, he mentioned he didn't have them on him. What action will be taken against him? Can the police seize the car until they find enough evidence?

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6 Replies

Pawan S (Advocate) 17 January 2021

Hello Ish*ta, Please provide the reason for the emergency in detail? What actions will be taken will be completely based on the facts & circumstances. Regards, Pawan Saha

Rolly Dixit 18 January 2021

Emergency or no emergency, police can seize the vehicle as you were driving the vehicle without papers

Kishor Mehta (CEO) 18 January 2021

Copies of all documents relating to the ownership of the car should always be kept with the driver. The police can confiscate the vehicle if valid documents are not produced. The car would be released after valid documents are produced to the satisfaction of the police.

Manoj Chaudhary Advocate 18 January 2021

yes police can seize the vehicle since you drove it without paper. rest of the things can be settled once you will show papers. worst to worst police can register FIR under section 279 IPC which reads as under "Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

Shubh Kumar 19 January 2021

Section 102(1) of CrPC states that a police officer can seize any property if there’s suspicion that it is stolen.

Venkatesh Vemperala 20 January 2021

Since many info are online, I do not think document is priority.
As regard to emergency, u should make it clear. Of u have the documentry proof of emergency like hospitalisations or any other, that should be sufficient. As far as impounding the car is concerned, prove them through telephone, till then keep the car, take the paper that you have kept the car, showing your Aadhar card copy,attend the emergency and later bring the proof of emergency u had to go.

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