What if a Vehicle is Seized by Police?

In case of an accident caused by a vehicle, people are unaware of legal steps to be taken, and panic-stricken they end up paying huge bribes to the police. The Indian criminal justice system focuses on compensatory jurisprudence. It imposes fines on the defaulters and provides compensation to the victims. The police seize the vehicle after the accident under section 120 of the CrPC and prepares a report for the same. The police as a part of the procedure send it to the magistrate or the court or the motor vehicle officer. If the damage caused is less the police may penalize the driver by way of a fine and post examination of necessary documents of ownership the driver may release the vehicle.

Circumstances:

There are plenty of circumstances when police can seize the vehicle. Police have the power to seize anything that is involved in the crime and use it as evidence. A vehicle does not have to be actively driven to seize it. Police can also seize the vehicle if it feels that someone is facing harassment, threat, or distress due to the same vehicle. Vehicles are generally seized when documents are not complete or there is unauthorized parking.

How to get back the vehicle:

To release seized vehicles, the vehicle owner has to go to the police station and write an application and the same has to be sent to the ACP office. This application can be filled out online.

Petition to Court: 

Types of damage caused by accident are:

1. The accident caused no damage
2. Accident with minor damage
3. Accident with major injuries likely to cause result in the death of the victim

When the police seize the vehicle for the purpose of investigation or an inquiry and file a case the owner can file a case under section 451 CrPC to get back the vehicle during the proceedings.

The Trial Court can pass orders for custody or disposal of vehicles during inquiry or trial. Interim custody is given to the person whose name the vehicle is registered with the registering authority till the superior title is proved by the other person.

Getting back the vehicle:

If it’s hired, then the hirer shall contact the police. The company may be able to get the vehicle back from the Police more quickly but the police may also cooperate. Alternatively, you could send hire documents to the Police as evidence. Vehicles are usually stored at the pound. The Police may claim that you are responsible for the “charges” while the vehicle is at the pound, but you can obviously challenge this.

Lead India helps you with free legal advice regarding any of these issues. We are here to answer your free legal questions and we have a panel of experts who can deal with this case.