Signal #003 — Your Right to Silence at a Traffic Stop
What documents an officer can actually demand. Why surrendering your original licence is illegal. The 4 questions you never have to answer at a traffic stop. A guide for foreign nationals driving in India.
Bombay HC: officer cannot detain a vehicle for more than 30 minutes without FIR
The Bombay High Court ruled that a traffic officer cannot hold a vehicle for more than 30 minutes without either issuing a challan, registering an FIR, or releasing the vehicle. Parking a vehicle at the side of the road and waiting for a 'superior' to arrive is not a legally valid detention.
What to do: If your vehicle has been held for over 30 minutes with no challan and no FIR, politely state this ruling and ask for the officer's badge number. If they refuse, call 100.
An officer cannot take your original licence or RC — only a photocopy
Section 130 of the MVA requires you to produce your licence — not surrender it. The officer is required to inspect it and return it immediately. Seizing your original licence or RC at a traffic stop (outside of an arrest) is illegal.
Exceptions: If an FIR is registered, if you are being arrested, or if a court order exists. In all other cases, carry a physical DigiLocker printout or show the digital copy on DigiLocker/mParivahan — these are legally valid under the IT Act.
4 questions you are not required to answer at a traffic stop
You are not required to answer: 1. 'Where are you going?' (No law requires you to disclose your destination) 2. 'What do you do?' (Occupation is not a traffic-related document) 3. 'Who owns this car?' (RC is sufficient — no further ownership interrogation required) 4. 'Do you know who I am?' (If an officer says this, note their badge number)
You are required to produce your licence, RC, insurance certificate, and PUC certificate on demand.
DigiLocker-sourced documents now accepted as original at all traffic stops nationally
The Ministry of Road Transport and Highways confirmed in a circular that documents fetched directly from DigiLocker — driving licence, RC, insurance — are legally equivalent to physical originals. Any officer who refuses to accept them can be reported to the transport commissioner.
Set up DigiLocker with your Aadhaar now (before you need it): digilocker.gov.in.
Right to Retain Your Licence
An officer may inspect your licence but must return it immediately. They cannot take the original. DigiLocker copies are legally valid under the Information Technology Act, 2000. Show, don't surrender.
MVA 2019, Section 130 + IT Act, 2000 | Last verified: 2026-01-23
Legal information, not legal advice. All content is sourced from official government documents. For specific legal matters, consult a qualified lawyer.