Writing here because I wrongly asked in ’ Contact Us’ Section

Location: New Delhi

Time : 10:30PM

My and my brother went to public ground to drive a car.

I was learning how to drive and I did not have a license yet, while my brother had.

While I was driving, a policeman stopped us, asked us for identification such as license and RC and asked us other questions which we provided and answered to his satisfaction.

The policeman said he would issue a challan of Rs 500/-

We asked why we were being challaned to which he said it was prohibited to drive in that area after 8 PM and made no mention of me driving without a license and did not seem to be concerned about that.

we asked under which article of MV Act was this fine applicable to which he did not know the answer.

As we did not have the sum in cash at that moment, he agreed to follow us to the ATM to pay the challan.

However after a short distance he let us go without giving any reason.

Out of curiousity, we decided to go the nearest police thana and enquire whether the act of us driving at that area and time was a contravention of law to which the policemen on duty replied in the negative.

On reaching home, we thought about the policeman trying to issue an illegal challan and thought of POCA 1988

The moral dilemma is that whether we should file an FIR and face chance of my brother being imprisoned (MV ACT Section 180) or ignore the issue to avoid chance of imprisonment but let go of an unethical act committed by a public servant.

However, the pecuniary fine is not an issue as such.

So my main query is - What are the chances of imprisonment for my brother under MV Act Section 180 (which is the only personal issue being faced on our side) and is it advised to file an FIR?

Kindly assist in the matter

Thanks