Police Commissionerate Officers Can Now Issue Traffic Challans: Tribunal Rules in Favor

 

In a significant judgment, the Motor Vehicle Claims Tribunal has upheld that officers of police commissionerates also have the authority to issue traffic challans (fines) under the Motor Vehicles Act, 1988. The ruling puts an end to debates about whether only officers from the transport department have such powers.

The verdict came during the hearing of a case where a challan issued by a police officer under the commissionerate system was challenged on the basis that only transport officers were legally empowered to take such action. However, the tribunal clarified that under Section 213(5) of the Motor Vehicles Act, powers can be delegated by the state government to any officer, including those from the police.

The tribunal ruled that:

• The police commissionerate system is fully authorized under state orders to perform enforcement duties under the MV Act.
• The notification issued in 2022 empowers police officers to act under certain traffic and road safety rules.
• Hence, any challan issued by a police officer within the jurisdiction of a commissionerate is valid and legally enforceable.

This decision strengthens the enforcement mechanism in cities operating under the commissionerate model such as Lucknow, Kanpur, Noida, Ghaziabad, Varanasi, Agra, and Prayagraj.

Legal experts have hailed the ruling as a landmark interpretation that ensures stricter compliance with traffic laws and curbs the unnecessary legal disputes over jurisdiction.