Search This Blog
PEACE Legal Information India simplifies complex Indian laws into clear, practical guides for everyone. From workplace rights to traffic rules, cyber safety, and women’s rights, we empower you with accurate, easy-to-understand legal knowledge. Stay informed, protect your rights, and navigate the law with confidence.
Notary Services process provided by PEACE
Filing an FIR for a Traffic Violation in India: When and How to Do It (2025)
More in-depth information on the subject; Filing an FIR for a Traffic Violation in India: When and How to Do It (2025)
Most minor traffic offenses in India are handled through challans or on-the-spot fines. But what happens when a traffic incident is serious — like a hit-and-run, dangerous driving, or causing injury? In such cases, you have the right to file a First Information Report (FIR).
When Should You File an FIR?
You should consider filing an FIR when the traffic offense involves:
- A hit-and-run incident
- Drunk or reckless driving causing harm
- Intentional road rage or assault
- Serious injury or damage to property
- Violation of court orders or driving bans
These are not petty challan issues — they are criminal offenses and require a formal police complaint.
Filing a First Information Report (FIR) is crucial when the traffic violation escalates beyond a minor challan and becomes a criminal matter. You should file an FIR in the following situations:
-
Hit-and-run cases: If someone flees the scene after hitting a pedestrian, vehicle, or property — especially if injury or death occurs. This is a criminal offense under IPC sections related to rash and negligent driving.
Hit and Run Cases — Legal Rights and Police Action -
Drunk or reckless driving causing harm: If the driver is under the influence of alcohol or drives aggressively, leading to injury, death, or serious damage, it’s not just a traffic offense. It could involve Section 279, 304A, or other IPC provisions.
Non-Compoundable Traffic Offenses in India -
Intentional road rage or assault: If the driver gets out of the vehicle and threatens, abuses, or assaults someone physically, this is assault under criminal law and must be reported immediately.
-
Serious injury or damage to property: If the accident results in hospitalization, fractures, permanent injury, or large-scale damage to vehicles or structures, an FIR is necessary for compensation claims and legal protection.
Legal Rights After a Road Accident in India -
Violation of court orders or bans: If someone drives despite a suspended license or a court-issued driving ban, it’s a direct violation of legal orders and amounts to contempt.
What Happens If You Drive With a Suspended License in India
These are not petty traffic offenses. They are criminal violations that must be formally reported. Filing an FIR protects your rights, creates an official record, and allows the police to launch an investigation and take legal action.
Also read: How to Prepare for a Traffic Court Hearing in India
How to File an FIR for a Traffic Violation
- Visit the nearest police station where the incident occurred.
- Provide a written complaint with all available details — location, time, vehicle number, incident facts, and witnesses if any.
- Include photos or video evidence if possible (such as dashcam or mobile footage).
- Get a copy of the FIR with the FIR number — this is your official record.
What If the Police Refuse to File Your FIR?
Under Section 154 of the CrPC, the police are required to register an FIR for cognizable offenses. If they refuse:
- Request in writing for the reason of refusal.
- You can approach the Superintendent of Police (SP) or file a complaint with the magistrate under Section 156(3).
- You may also file an online FIR (available in many states).
Do You Need a Lawyer to File an FIR?
While it's not mandatory, having a lawyer can be helpful — especially if the case involves serious injury, wrongful charges, or you're being threatened. A legal professional can also ensure your complaint is framed properly and not diluted.
What Happens After Filing?
After the FIR is registered, the police will investigate the case. They may:
- Visit the crime scene
- Record witness statements
- Seize the offending vehicle
- Charge the accused under the Indian Penal Code (IPC)
Eventually, a chargesheet may be filed and the case will proceed to court.