Power of police officer to impound document
AI Assist
Summary
Police or an authorised officer can seize any vehicle identification mark or document believed to be false and require the driver or owner to explain its presence. If a driver charged under this Act may abscond or avoid a summons, police can seize his license and forward it to the court. The seizing officer gives a temporary acknowledgement allowing the holder to drive until the license is returned or until a specified date; a magistrate or authorised officer can extend that date if the delay is not the holder's fault.
Example
Ravi is stopped in a routine check and the police think his insurance certificate is fake. They seize the certificate and ask him to explain why it was in the car. Later, because he is charged and may abscond, police seize his license, send it to the court, and give Ravi a temporary acknowledgement that lets him drive until the court returns the license when he appears.
Bare Act
Enacted text(1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any license, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code, 1860 (45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.
(2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any license held by such driver and forward it into the Court taking cognizance of the offence and the said Court shall on the first appearance of such driver before it, return the license to him in exchange for the temporary acknowledgement given under sub-section (3).
(3) A police officer or other person seizing a license under sub-section (2) shall give to the person surrendering the license a temporary acknowledgement therefor and such acknowledgement shall authorise the holder to drive until the license has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgement whichever is earlier:
Provided that if any Magistrate, police officer or other person authorised by the State Government in this behalf is, on an application made to him, satisfied that the license cannot be, or has not been, returned to the holder thereof before the date specified in the acknowledgement for any reason for which the holder is not responsible, the Magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgement.
Previous year papers
Pick your exam. we'll email the most recent paper.