CHALLEN
A challan in the context of road transport and traffic law in India refers to a document or receipt issued by traffic police or other authorized authorities to drivers or vehicle owners who violate traffic rules and regulations. It serves as a notice of a traffic violation and requires the violator to pay a fine or appear in court to resolve the issue. The issuance of a challan is part of the process to enforce traffic laws and ensure road safety.
Types of Challans:
E-Challan:An e-challan is an electronically generated challan issued for traffic violations. It is part of a digital system that records the violation and sends the challan to the violator’s registered mobile number or email.
E-challans are commonly issued for violations like over-speeding, signal jumping, not wearing a seatbelt or helmet, and improper parking, which are often detected by CCTV cameras or automated systems.
Manual Challan:A manual challan is issued on the spot by traffic police when a violation is observed. The violator is handed a paper receipt detailing the offense, the fine, and how to pay it. In some cases, the violator may have to surrender their driving license until the fine is paid.
Court Challan:In cases of serious traffic violations, such as drunken driving, rash driving, or accidents causing harm, a court challan is issued. The violator is required to appear in court, and the matter is settled through judicial proceedings rather than a simple fine. The violator may face additional penalties such as suspension of the driving license or imprisonment.
Common Traffic Violations Leading to Challans:
Over-Speeding:Driving over the speed limit as specified by traffic regulations.
Signal Jumping:Failing to stop at a red traffic signal or running through a traffic light.
Not Wearing a Seatbelt:Driving without wearing a seatbelt, which is mandatory for both drivers and front-seat passengers.
Not Wearing a Helmet:Riding a two-wheeler without wearing a helmet, which is mandatory for both the rider and the pillion passenger.
Drunken Driving:Driving under the influence of alcohol or drugs is a serious offense and can lead to a court challan.
Illegal Parking:Parking in restricted areas or in a way that obstructs traffic flow.
Using a Mobile Phone While Driving:Talking on a mobile phone or using other electronic devices while driving, which distracts the driver and can lead to accidents.
Driving Without a Valid License:Operating a vehicle without a valid driving license or with an expired one.
Overloading Vehicles:Carrying passengers or goods beyond the legal limit, which can compromise vehicle safety.
Pollution Under Control (PUC) Certificate:
Driving without a valid Pollution Under Control (PUC) certificate, which certifies that the vehicle meets emission standards.
Procedure for Issuance of Challan:
Detection of Violation:A traffic violation can be detected manually by traffic police or through automated systems like CCTV cameras, radar guns, or speed detection devices.
Generation of Challan:Based on the violation, a challan is generated. If it’s a manual challan, the traffic police issue it on the spot and provide the violator with a receipt. If it’s an e-challan, the violator is notified electronically.
Collection of Fine:The violator is required to pay the fine as specified in the challan. Payment can usually be made online for e-challans, or in person at a designated traffic office for manual challans. Some violations may require the violator to appear in court.
Record Update:Once the fine is paid, the record of the violation is updated in the traffic authority's system. If fines remain unpaid within the given time frame, further legal action may be taken, including higher fines, vehicle seizure, or suspension of the driving license.
How to Pay a Challan:
Online Payment (E-Challan):Visit the official traffic police or state transport department website.
Enter the vehicle number or challan number to check the details of the violation.
Select the option to pay the challan online using a credit card, debit card, or internet banking.
After successful payment, a receipt will be generated for your records.
Offline Payment:Pay the challan at the nearest traffic police station or designated bank branch.
Present the challan receipt and pay the fine in cash or by demand draft.
Court Appearance:In cases where a court challan is issued, the violator must appear in court on the specified date to resolve the matter. The court may impose penalties, including fines, imprisonment, or suspension of the driving license, depending on the severity of the violation.
Penalties for Non-Payment of Challan:
Increased Fines:If a challan is not paid within the specified time, the violator may face increased fines or late fees as a penalty.
Suspension of Driving License:For repeated or serious offenses, failing to pay the challan may result in the suspension of the violator’s driving license.
Vehicle Seizure:In some cases, particularly for serious traffic violations, the vehicle may be seized by the authorities if the challan is not paid.
Court Summons:If the violator does not pay the challan or appear in court as required, they may receive a court summons, which could lead to additional legal action, including imprisonment in extreme cases.
Challan Under the Motor Vehicles (Amendment) Act, 2019:
The Motor Vehicles (Amendment) Act, 2019 introduced stricter penalties and higher fines for traffic violations to improve road safety. Some of the increased penalties include:
Drunken Driving:Fine up to ₹10,000 or imprisonment up to 6 months for first-time offenders, with higher penalties for repeat offenses.
Over-Speeding:Fine between ₹1,000 and ₹2,000 for light motor vehicles and up to ₹4,000 for heavy vehicles.
Riding Without Helmet:Fine of ₹1,000 and disqualification of the driver’s license for 3 months.
Driving Without License:Fine of ₹5,000.
Driving Without Insurance:Fine of ₹2,000 for first-time offenders and ₹4,000 for subsequent offenses.
Using a Mobile Phone While Driving:Fine of up to ₹5,000 and/or imprisonment up to 1 year.
Disputing a Challan:
If a person believes that the challan issued to them is incorrect or unjustified, they can:
Contact Traffic Authorities:Reach out to the traffic police department to dispute the challan. They may review the violation based on CCTV footage or other evidence.
Court Appeal:If the traffic authorities do not resolve the dispute, the violator can contest the challan in court by filing an appeal. The court will review the evidence and decide whether to cancel or uphold the challan.
Conclusion:
A challan is an important tool for enforcing traffic rules and ensuring road safety. It acts as a deterrent against violations such as over-speeding, driving under the influence, or neglecting seatbelts or helmets. With the introduction of e-challans, the process has become more efficient and transparent. It is crucial to pay challans on time to avoid legal consequences, and those who feel unjustly penalized can challenge the challan through appropriate legal avenues.