[sudev]

Just bring to your notice about a particularly stupid law.

Staying a Facebook post below

Guys this happened to me.. please read and be aware..
My intention of this post is not to criticize or sham our system, law, judiciary, or police.
I'm writing this just to make car owners aware of such law.. I'm sure most of them like me are unaware of this law..

Today I was fined by our country's court of law just because I helped some people who were in need.

On Monday Morning (18th June 2018) when I was on my way to office.. I saw few office goers near Airoli Circle desperately looking for a lift as it was raining heavily and all public transport was either crowded or late..One of them was an elderly (at least 60+) person and other two guys were working for a reputed IT company (I could make out from their Office ID card). I stopped by the side of the road. They said that they wanted to go to Gandhi Nagar. I asked them to get in, as Gandhi Nagar was on my way to the office.
The moment they got in and I started the car, One traffic Police officer in a towing vehicle waylaid me and asked me to show him my license. At first, I thought that probably I stopped in a no parking area...
The police officer then started to write a receipt and asked me to hand over my license to him. I asked him for the reason.. to which he said "It is illegal to give a lift to unknown people"
I thought that he must be just making it up and wants to make some money from me. But he was serious.. He took my license and gave me the receipt. He asked me to go to the police station next day, pay the fine, and get the license back.
To which I agreed.
Next day (Tuesday) I went to the police station to get my license. There I was informed that I need to go to court to get the license back as the section under which they are charging me is 66/192. Under this section, I have to go to court, accept that I did a mistake in front of a judge, pay the fine in court and get my license back.

I consulted one of my lawyer friends to ensure that the police guys are not taking me for a ride... But the lawyer confirmed that Indeed we have a law that makes it illegal to give a lift to an unknown person in a private vehicle.. (What a draconian law !!!)

Today (Friday 22nd June 2018), I was called to the court at 10 AM by the Police guy.. I went there at 9.30 AM and they made me sit in the court corridor till 1 PM (looking at handcuffed criminals and dance bar girls being escorted in the court) At 1 PM I was called inside the court room.. I had to stand there as if I was some criminal in front of the judge, with the courtroom filled with lawyers and other people discussing their respective cases (Yes!! It was very filmy). The judge called out my name and I have to accept my mistake and come out of the courtroom. Felt pathetic .. :(

I was fined Rs. 2000 for giving a lift to unknown people and using my car as a passenger car. Bullshit!!!!

I made the police guy talk to one of my police friend in the morning.. So as a courtesy he spoke to the Judge's PA and reduced my fine to Rs. 1500.. (A discount of Rs. 500..Ohh what a courtesy!!)🤣

After this, I had to again go back to the police station to collect my license.. I reached there by 2.. got to know that 1 to 3 is their lunch time.. So I have to go there again after 3 PM.. Finally I got my license back today at 5 PM.

If such is the law of our country then no one will help a person even if he is dying on the road...

I'm not writing to debate what is right or wrong but to make you guys aware that "Our country doesn't want us to help our fellow countrymen"

Link to post and comments

https://m.facebook.com/story.php?sto...&id=1134336265

[Samurai]

What nonsense.... it is very common for Bangalore cops to demand a lift from two-wheeler riders at traffic signals. I have regularly given lift to cops in my riding days (90s). They don't even request, they just hop on the back and told me where to drop them.

[hrman]

I saw this too. It appears to be a very old law, (possibly to to prevent theft, prostitution, kidnapping etc.). In this case, considering the circumstances stated by the poster, I think the police officer should have used his discretion and let the guy go, instead of it becoming such a big issue.

12-13 years back ,I given lift to strangers in Mumbai, but this was when there were massive rains, trains stopped and the traffic police officer flagged me since I had only one colleague with me. He asked if I can drop 3 senior working ladies from Jogeshwari to Borivli. I gave the lift to them and even handed over my phone to them so that they can call their home and tell they are on the way. I was not aware of this law at that time.

Now will need to be careful. It appears in our country, laws are made to catch good samaritans, while the Mallyas and Niravs of the world swindle banks to the tune of thousands of crores of depositors money and go scot free.

[condor]

That challan says section 66/192, which is driving without permit. Should not even be applicable here.

[libranof1987]

I think this conversation had re-surfaced when BlaBla car had just come in India and started becoming popular.

At Wakad chowk in Pune, which is one of the last major junctions before the Mumbai-Pune Expressway, as well an must-pass junction for the IT area; cops caught a lot of vehicles for ferrying unknown passengers then. It seems to have subsided now since there haven't been new cases reported.

Pune has very active carpooling groups and in the absence of public transport and very rogue autowallahs, this law can do much harm (increase in single occupancy vehicles).

Auto and cab unions will do their best to get law enforcement to uphold this law, of course.

[sudev]

@condor that's the point... Permit need to allow in known passenger into vehicle

[nairrk]

Oh my god, not at all aware of this law.

I normally do not give lift to unknown persons in my Car or Scooter, but will be more cautious from now onwards.

[Flyer]

I think the law is to prevent private cars from being used for commercial purpose by owners to create an income. Like giving lift to someone and getting some compensation for it. I don't think one should be fined for helping by giving a free lift.

I'm not sure if the law really states that it is illegal to give free lift.

Originally Posted by condor

That challan says section 66/192, which is driving without permit. Should not even be applicable here.

It is applicable. Because you need to have a permit (like a taxi permit) to carry passengers. The cop has issued the challan on that basis.

But again this guy here was just giving a free lift and not operating as a taxi to make an income.

[SmartCat]

Originally Posted by condor

That challan says section 66/192, which is driving without permit.

Originally Posted by sudev

@condor that's the point... Permit need to allow in known passenger into vehicle

Driving without taxi permit?

The Facebook poster should have hired a lawyer and proved that no money was exchanged - by bringing in witnesses! Witnesses in this case would be people he tried to help, but it is unlikely he had their contact details.

It's just bad luck. And the cop was probably trying to meet his monthly collection target.

[Avalanche2409]

I have lost count of how many cops have waved at me asking for a lift and how many cops I have actually given lift to.

The law itself is flawed here, either all of the cops are not aware of it, or it is just being taken for a toss as per their convenience, just like any other law in our country.

[Mu009]

What utter nonsense!

On a side note, who's to prove you don't know the people? You can simply exchange numbers and/or become friends on Facebook or something like that - I wonder if there would be something that worked with the judge?

I mean, if we can have such a joke for law, I think it's not unethical to at least discuss such perjury. Mods: If this post is seen as promoting unlawful behaviour and deleted, I understand completely.

Originally Posted by Avalanche2409

I have lost count of how many cops have waved at me asking for a lift and how many cops I have actually given lift to.

The law itself is flawed here, either all of the cops are not aware of it, or it is just being taken for a toss as per their convenience, just like any other law in our country.

This is precisely the problem - the implementation of the law in our country is never uniform - nor with regard to situations, or whom it is being applied to.
This leads to myriad problems ranging from unfairness and inequality to outright mayhem.
As an example of the latter in my city, helmet checking is done only when cops are falling short of their targets at month's end. So most people simply start carrying helmets around the 20th of each month.
Once, a dude nearly ran me over when his pillion hastily snapped his helmet on the wrong way after spotting a cop.
The pair's immediate reaction as they sped away was

At the very least, even though it hasn't happened yet, I'll be sure to refuse a cop if ever I'm asked for a lift.

Originally Posted by smartcat

but it is unlikely he had their contact details.

He could easily have got them considering the cop gave him the ticket right after they got into his vehicle (according to OP)

Originally Posted by catchdoon

This is basically the law which stops private vehicles to earn money by giving lift to others.

But implementing it like this is extortion, not law.

Originally Posted by sgiitk

This is a crazy situation. I think they should be obliged to provide evidence that it was 'for hire'.

Precisely! It should be "innocent until proven guilty". I squarely blame the judge for this. Cops, and not rulers are the worst among us, I feel, in our case at least. I expect nothing but harassment and extortion from them. But the judge at least could've attempted to ascertain what the situation actually was, rather than simply dismissing the matter summarily with a fine. (Note: That's what it looks like from the OP - don't jump down my throat claiming contempt of court or something )

Originally Posted by roby_dk

Yes it seems the interpretation has been wrong. This law rather support government or commercial transport as I have heard some drivers of private vehicles after leaving the owners giving lift to earn some money. This was quite common on Gurgaon express way where people used to get lift in exotic vehicles too.

Good point - had forgotten this aspect. Have heard about this happening a LOT on the Mumbai-Pune expressway. People bragging about getting a chance to check out the massage features of someone else's S-Class. Despicable.

[catchdoon]

This is basically the law which stops private vehicles to earn money by giving lift to others.

So the only drawback is that if I'm for example genuinely helping someone, that would too be questioned.

Secondly, my private car and it's my choice to whom do I allow to sit in my car. The only objection from law point of view is minting money whilst giving lift.

[sgiitk]

@catchdoon; This is a crazy situation. I think they should be obliged to provide evidence that it was 'for hire'. Now I will be extra chary.

[roby_dk]

Yes it seems the interpretation has been wrong. This law rather support government or commercial transport as I have heard some drivers of private vehicles after leaving the owners giving lift to earn some money. This was quite common on Gurgaon express way where people used to get lift in exotic vehicles too.

[binand]

This is so ridiculous, but I checked the law and yes, it really exists. Its purpose seems to be to prevent buses etc. from functioning without the RTO's permit. Using it against a private car owner offering a lift to stranded people is gross misuse of the law. In our common law system participants (cops, judges etc.) are supposed to apply law sensibly, which seems to be lacking in this case.

Laws once made stay in the books until struck down by the court or repealed in the legislature. The MV Act's new version is languishing in our parliament, so the latter option is currently a non-starter. The lower courts do not have the power to do the former either. What the poster should have done (and I know it is easy for me to say this but tough to do it when it matters) is to plead innocent, go through the trial and challenged it in a court which has the power to strike down laws (HC & above). It will be costly and time consuming.

Now that option is not possible because:

The judge called out my name and I have to accept my mistake and come out of the courtroom.

That is, he pleaded guilty. Now he has no chance of appeal. I believe these lower courts puts enormous pressure on regular citizens to plead guilty so as to reduce their workload (if not, they have to go through the full process of trial, witness examination and cross examination, arguments and judgment). The system is stacked against us, unfortunately.