Traffic Rules in India: Know it All

12 Dec 2022  Read 11411 Views

"Red   🔴: Stop!

Yellow🟡: Slow!

Green🟢: Go!"

Something that we all know and are habituated to, but do we know all the rules? In India, a nation with millions of vehicles on the road, traffic laws and regulations are crucial for ensuring efficient traffic flow. The sheer volume of vehicles on the road in India enhances the importance of traffic regulations. The laws in India are not stringent enough, but there is an act which specifically provides provisions related to traffic. Let’s discuss it in this article!

Current Traffic Rules in India

There are various rules to follow while driving on the road. Let us look into some of them.

Rules for pedestrians

  1. Follow the traffic signal rules
  2. Avoid using a cell phone on the road
  3. Watch while crossing the road
  4. Always use Zebra crossing

Rules for drivers

  1. Follow traffic signal rules
  2. Don’t drive in a drunken state
  3. Don’t cross your speed limits
  4. Avoid using cell phones while driving
  5. Do not enter “No Entry” zones
  6. Use indicators while turning
  7. Slow down at the intersections
  8. Provide a way for emergency vehicles
  9. Wear a helmet or seat belt or any other safety measures
  10. Follow the rules of the lane

Unknown rules which can lead to a penalty

  1. You can’t block the way while parking your vehicle
  2. You can be penalised for not keeping the First-aid kit (in Chennai and Kolkata)
  3. Smoking in a car is illegal
  4. Installing a TV near the front seats is illegal (in Mumbai)
  5. Providing lifts to unknown people
  6. A fine of Rs. 10,000 can be imposed for not having a pollution control certificate.
  7. A fine of Rs. 500-1500 can be imposed for driving a vehicle without a silencer.

Myths about Traffic rules in India

The following are certain mysths about Traffic Rules in India which is not at all true. In order to be safe on the roads, don't believe in such myths! 

  1. No requirement to follow traffic lights after 10 PM.
  2. It's not an offence if you take a reverse on a one-way road.
  3. You can only overtake from the right side.
  4. It is all right to ride with your headlights on.
  5. It is ok to drink and drive if you’ve consumed food.
  6. Using cell phones while driving does not infringe on any law

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What is challan?

An official document known as a challan is given to an Indian motor vehicle driver who disobeys traffic laws. When a traffic challan is issued in your name, it means that, by the Motor Vehicles Act of 1988, you are accountable for paying the fine associated with the offence you committed. Any driver who violates traffic laws while driving may receive a challan from the traffic police department.

The idea of an electronic challan system has been introduced because everything is done electronically. All traffic violators in India are given a vehicle e challan, a computer-generated challan utilised by the Traffic Police.

Laws Related to Traffic Rules in India

The 2019 New Motor Vehicles (Amendment) Act defines the traffic laws in India. As we previously stated, the regulations and penalties have increased in severity since they were last changed a few months ago. In general, the financial and incarceration penalties have increased significantly.

Let us compare the penalties before and after the amendment of 2019.

Offences

Old Penalty

New Penalty

Infringing Road Rules

-

Rs. 500- Rs.1000

Disobeying the authorities

Rs. 500

Rs. 2000

Driving without license

Rs. 500

Rs. 5000

Overspeeding

Rs. 400

Up to Rs. 4000

Rash Driving

  •  

Imprisonment of 6 months to 1 year with a fine up to rs. 5000

Drinking and driving

Rs. 2000

Imprisonment of up to 2 years and a fine up to Rs. 15,000

Helmet rule violation

Rs. 100

Rs. 1000 and suspension of license for 3 months

Offences by children

  •  

Rs. 25000 with imprisonment of 3 years of the guardian

Driving without insurance

Rs.1000 or imprisonment up to 3 months

Rs. 2000- Rs. 4000 or imprisonment up to 3 months

Offences related to Documents

Offences

Section

Penalty

Vehicle without RC

S. 39 r/w S. 192

Rs. 2000

Permitting the vehicle to a person who does not possess a valid license

S. 5 r/w S. 180

Rs. 1000 (or imprisonment of 3 months)

Not carrying proper Documents.

S. 130(3) r/w S. 177

Rs. 100

Driving without a valid permit

S. 130 r/w S. 177

Up to Rs. 5000

Driving without Valid fitness

S. 130 r/w S. 177

Up to Rs. 5000

Justice Radha Krishna’s report

The report suggested taking harsh action against those who broke the law under Section 19 of the Motor Vehicles Act of 1988, which gives the licencing authority to suspend or revoke a driver's licence by passing an order suspending the holder for a set period of time and seeking imprisonment wherever it is permitted by law for:

  • Exceeding the speed limit while driving
  • Crossing Red light 
  • Driving when impaired by drugs or alcohol
  • Using mobile devices
  • All Indian UTs should adopt helmet rules, which should also apply to pillion riders, failing which they must attend two hours of counselling.

Case Laws

  1. State Transport Station Lodhi Road vs Sanjiv Nanda

In a key decision regarding the safety of the roads. In this instance, the respondent violated sections 201, 304, and 308 of the Indian Penal Code for rash driving and striking seven people. According to the ruling, an accident is defined as an unexpected, unanticipated event that could not have been envisaged in the course of events. Therefore, harm or accidents are not directly related to intent. If the intention is established and results in death, culpable murder has occurred. The Honorable Judge ruled that while there was no intention to cause death, there was knowledge, and as a result, he is accountable under section 304 IPC.

  1. Avishekha Goenka vs Union of India

The Hon'ble Supreme Court had prohibited the use of black films for any VLT percentage or any substance upon the safety glasses, windscreens front or rear, or side glasses of all cars throughout the nation. These instructions became effective on May 4, 2012.

Conclusion

Roads are the main means of connectivity inside and between states, and intercounty collaboration can even give them an international scope. Realising that the right to life and liberty includes maintaining safety at all times, especially whether we are walking or driving on roadways, is crucial.

The general public frequently argues that the fact that the fee is excessively low is sufficient justification for the severity of the infractions. The theory of a lower fine for traffic offences, however, cannot be accepted because the consequences of any such negligent act, regardless of the fine in place, are causing a greater loss of human life or a permanent or temporary disability with the same ensuing consequences for the victim's family and the accused. There is unquestionably a need for strict traffic laws and their compliance, but this cannot be achieved solely by increasing the number of traffic tickets. Instead, it is necessary to implement rigorous road safety awareness programmes beginning in kindergarten, and given the severity of this issue, these programmes should be implemented at organisational levels.

About the Author: Gurpreet Kaur Dutta | 82 Post(s)

A legal content writer who pursued BBA-LL.B.(H) from Amity University Chhattisgarh. She has a keen interest in corporate and IPR sectors. 

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