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Legal Rights During Vehicle Towing by Traffic Police
Here is some helpful information regarding your Legal Rights During Vehicle Towing by Traffic Police
Vehicle towing by traffic police in India is regulated—but not always properly enforced. If your car, bike, or scooter is towed, it’s essential to know your rights and the correct procedures under Indian law.
Quick Navigation
- When Can Traffic Police Tow Your Vehicle?
- Legal Procedure for Towing
- What to Check During Towing
- Illegal Towing: What You Can Do
- Recovering Your Vehicle
- Your Rights in Summary
- Related Posts
When Can Traffic Police Tow Your Vehicle?
Traffic police can tow a vehicle only if:
- It is parked in a ‘No Parking’ zone.
- It obstructs traffic or causes danger to public safety.
- It is abandoned on a public road or creates nuisance.
Random or retaliatory towing is not permitted under law. Officers must follow RTO and municipal towing guidelines.
Legal Procedure for Towing
Before towing, the officer must:
- Click photos of the parked vehicle.
- Issue a challan or memo at the spot.
- Inform you via SMS (if your number is linked to the vehicle).
- Ensure a female officer is present if the car belongs to or is being driven by a woman (especially at night).
Failure to follow this procedure makes the towing unlawful.
What to Check During Towing
If you reach the spot before the vehicle is completely towed away:
- You can ask for your vehicle to be released immediately upon payment of the fine.
- You have the right to ask for ID of the towing officer and the towing contractor.
- Check for damage to your vehicle and photograph it.
Illegal Towing: What You Can Do
If your vehicle was towed illegally, take the following steps:
- File a written complaint to the DCP/ACP Traffic in your area.
- Attach proof: photos, CCTV footage, lack of challan, etc.
- You may also file a complaint on the state traffic police portal.
- In case of damage, demand compensation or file a case in the consumer forum.
Recovering Your Vehicle
Visit the impound location listed in the challan. Bring:
- Your Driving License
- RC (Registration Certificate)
- Valid Insurance
- Pollution Certificate
Pay the applicable fine and towing charges. Ask for a receipt.
Your Rights in Summary
- Traffic police must issue a challan before towing.
- Towing without reason or procedure is illegal.
- You can request release if present at the site.
- Appeal wrongful towing through written complaints or consumer forums.