Introduction
We have seen People often getting confused about the status of their Online Traffic challan. The online traffic challan can be paid at the website of Delhi Traffic Police and also on the website of District Courts which is called Virtual Court. What is the difference between these two websites? Why some online traffic challans are available on Delhi Traffic Police website and some online traffic challans are available on the court’s Virtual court website. The online traffic status can be checked from the E Challan Parivahan website.
Delhi Traffic Police Online Traffic Challan Payment
Compoundable Challans Payments
Online traffic challans can be divided into two categories i.e. Compoundable and Non-Compoundable. Compoundable challans are disposed of as per payment of compounding fees as decided by the State Government. Compoundable challans are enlisted in section 200 of the Motor Vehicles Act, 1988. The offence of over speeding (under section 183), Using a Mobile Phone/handheld device while driving [Section 184, Explanation (c)] etc are compoundable offences. As per section 320(8) the Code of Criminal Procedure, 1973 the result of compounding is acquittal/discharge.
Delhi Traffic Police is only hosting compoundable challans on their website. The sources informed that usually, this period is for 90 days. Upon payment of compunding fee challan is disposed of as compounded. The voilator is discharged from case. The violator upon payment also gets Delhi Traffic Police Challan online payment receipt. The unpaid compoundable traffic challans are sent to the District courts Virtual Court after the lapse of the prescribed period (usually 90 days). Once the compoundable challan is sent to the District Court’s Virtual Court it cannot be paid on the Delhi Traffic Police website. Thereafter the violator needs to visit the District Court virtual court web site to pay the challan.
District Court Virtual Court Website
Compoundable and Non-Compoundable Challan Payment
The District court online traffic court website is called virtual courts. It can be accessed at weblink www.vcourts.gov.in. It hosts the unpaid compoundable challans as well as the Non-compoundable challans. The Non-Compoundable challans are not hosted by the Delhi Traffic Police on their website. Examples of Non-Compoundable challans are Drink and Drive (Section 185), Dangerous Driving (184) etc.
The Virtual Court in District Court is presided by a Judge in the rank of Metropolitan Magistrate. The Courts have jurisdiction of all the district throughout Delhi. The Virtual Courts works on the basis of section 208 Motor Vehicle Act, 1988. The Judge after receiving the challan from Delhi Traffic Police takes cognizance of the offence and imposes a proposed fine. Thereafter, the violator gets an SMS from District Court Virtual Court to pay the proposed fine on the Virtual Court web portal.
At Virtual Court the violator needs to plead guilty to pay the fine imposed on online traffic challan. On payment of challan a payment receipt for online traffic challan is generated. The challan stands disposed of. The result here is a conviction for the offence. Because on the virtual court the violator has pleaded guilty. Even for compoundable offences, the violator stands convicted.
Contest the Challan
At Virtual Court the violator has the option to contest the online traffic challan. Once the challan is contested, it is sent to the regular physical court. The violator is informed about the name of the Regular Physical Court and the date of hearing on which he has to appear to contest the challan.
Traffic Challans which are not sent to Virtual Court
- Currently, the challans wherein the vehicles are impounded by the Delhi Traffic Police are not sent to the Delhi Traffic Police website and District Court Virtual court. These challans are directly sent to Regular courts for physical hearing. The name of the court is also mentioned on the challan.
- The challans issued by the State Transport Authority (STA) are also not available on online Traffic Virtual Court. These challans are sent to Regular courts for physical hearing. The name of the court is also mentioned in the challan.
Conclusion
In case of online traffic challans for compoundable offences like overspending, talking on handheld device/mobile phone etc it is always prudent to pay and compound the challan on Delhi Traffic Police. The result is discharged as per section 320(8) of the Code of Criminal Procedure, 1973. Whereas one ends up getting convicted even for compoundable offences on the District Court website because of the operation of Section 208 of the Motor Vehicles Act, 1988.
Disclaimer:
The opinion expressed above are only for academic purposes. Please take appropriate legal advice for any further action.
