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Legal actions traffic police for stopping without any fault


13-Nov-2023 (In Motor Accident Law)
What should one do when a traffic police and not a sergeant stops me at kolkata when the fault is not mine. I was in the midway of a crossing with no line and the light was yellow. The car behind me and after me both crossed but the traffic police in green stopped me and asked for my licence. He asked me to pay hundred rupees or else he would note my licence and car number and asked me to prove at court.
Answers (3)

Answer #1
708 votes
Hello, please note that it is our duty to slow down at yellow traffic light. But if you already crossed the stop line before yellow light to flash you could not be charged with tariff light violation.


Now any traffic police may stop any vehicle at the instructions of the Sergeant, but he cannot claim license from the driver. It is the exclusive authority of Sergeant only to ask for license, or cease the key, or vehicle. Also only a Sergeant could impose fine, with valid reason.

In your case the green police is not also a police personnel who could stop you at first place, in absence of any traffic police they may be deployed to help traffic control. So, you could have challenged the authority of that person. You may also file a case against his actions noting date, place and time.

He could not take any action on his own, so you need not worry, even if the case is taken to court all this will help you in your case.

You have also 15 days time to produce your papers in traffic department from date of incidence including your statement even if Sergeant asks for your papers. And even pay the fine if any there only.

In your case you may have noted the name of that green police and say that you will pay the fine online.
Answer #2
680 votes
Police may fine at any stage (traffic) of your driving on the road and may fine you even you are in right position and following the perfect traffic rule because there is one section in the Act where even you do not stop, Police can fine.
Answer #3
810 votes
If you have not committed any offence as mentioned then from next time ask the police to book you with proper seizure list under the section in which the particular offence has been committed. If you are right then contest the case in the Court of Law. But often we do not engage ourselves in legal litigations and try to settle the issue by paying some bribes. Choice is yours.

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