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 Police check your phone, WhatsApp, or gallery on the street?
NO. Arbitrary phone searching without a judicial warrant or formal criminal FIR investigation is illegal.
- • In K.S. Puttaswamy v. Union of India (2017), a 9-judge Supreme Court bench declared Privacy as a Fundamental Right.
- • Routine street checking, naka checking, or traffic stops do NOT authorize police to demand your phone unlock password or read private chats.
- • A digital device can only be seized during formal criminal investigation with a proper seizure memo and hash value protocol.
- Politely say: "Officer, my phone contains personal private data protected under Article 21. Do you have a search warrant or court order?"
- Do not provide your passcode under verbal pressure.
- Request to speak with the Station House Officer (SHO) or senior supervisory officer.
- File a complaint with the State Human Rights Commission or Police Complaints Authority.
Can Police arrest a woman after sunset and before sunrise?
NO. Law strictly prohibits arresting women between 6 PM and 6 AM without prior written magistrate sanction.
- • Section 46(4) of CrPC mandates that no woman shall be arrested after sunset and before sunrise.
- • Even in exceptional circumstances, arrest requires prior written permission of First Class Judicial Magistrate AND presence of a female police officer.
- • Male police officers are strictly forbidden from touching a woman during arrest.
- Cite Section 46(4) CrPC / Section 43(5) BNSS.
- Ask to see the written permission order issued by the Judicial Magistrate.
- Insist on the immediate presence of a woman police officer and your legal counsel (Article 22(1)).
- Immediately call 112 or Women Helpline 1091.
Can police summon a woman, child under 15, or senior citizen to the police station for questioning?
NO. Law forbids calling women or minors to the police station as witnesses. Questioning must take place at their residence.
- • The proviso to Section 160(1) CrPC strictly provides that no male under 15 years or female of any age can be required to attend any place other than their own residence.
- • Police must visit the woman's residence in civil clothes or with a female officer.
- • Police notice ordering a woman to appear at the station for witness statement is null and void.
- State firmly: "Under Section 160(1) of CrPC, women cannot be summoned to the police station. You may record the statement at my home in the presence of my family."
- Do not accompany police to the station without a lawyer.
- Contact Women Helpline 1091 or District Legal Services Authority.
Can Police refuse to file an FIR saying "Not in our jurisdiction"?
NO! Police MUST register a "Zero FIR" regardless of where the crime took place.
- • A "Zero FIR" can be lodged at ANY police station in India, irrespective of jurisdiction.
- • The station registers it with number "0" and later transfers it to the appropriate local station after preliminary action.
- • Supreme Court in Lalita Kumari ruled registration of FIR is mandatory if a cognizable crime is reported.
- • Under Section 166A IPC / Section 199 BNS, any police officer refusing to register an FIR faces up to 2 years in prison.
- Tell the duty officer: "Kindly register a Zero FIR. Under the Supreme Court's Lalita Kumari mandate, you cannot refuse."
- If the SHO refuses, send a written complaint by registered post or email to the District Superintendent of Police (SP) under CrPC 154(3).
- You can also approach the Judicial Magistrate under Section 156(3) CrPC.
What rights do you have if police try to arrest you?
You have the right to know grounds of arrest, right to a lawyer, right to inform family, and production before Magistrate within 24 hours.
- • Police officer MUST prepare an Arrest Memo (Section 41B CrPC) signed by at least one witness and countersigned by you.
- • Officer must wear clear nameplate and rank designation.
- • Right to have one friend, relative, or lawyer notified immediately of your arrest and detention place (Section 41D CrPC).
- • Medical examination by a medical officer must be conducted every 48 hours to record physical condition and prevent torture (Section 54 CrPC).
- Ask: "Under which Section and offence am I being arrested?"
- Verify the Arrest Memo and ensure exact time and place are mentioned before signing.
- Request to contact family and an advocate immediately under Section 41D.
- Demand an immediate medical examination under Section 54 CrPC.