Digi Locker vs Physical Documents: Are Digital Driving Documents Legal during Traffic Violations in India?

-By Saniya Chaudhary

Introduction

The introduction of such innovations within the governmental process has completely changed the way people have access to and save their documents. Using innovations like Digi Locker and mParivahan, people can easily save their copies of driving license and registration on their mobile phone. However, there is concern among many motorists regarding whether or not they will be allowed to show these documents in case of being stopped by the traffic police. There is one important legal issue that needs to be answered here – will drivers be using these innovations only when stopped by police? Do they need to carry the old paper backups too? Here, I examine the laws, government communications, and practical enforcement issues surrounding the acceptance of digital driving documents in India.

The question however remains that When the process of digital documentation takes place in these forms? Is it possible for traffic police to fine an individual for lack of original documents? This becomes a pertinent matter of concern considering how some individuals were confronted by traffic police who required original documents from them, such as:

Driving License (DL)
Registration Certificate (RC)
Insurance Certificate
Pollution Under Control (PUC) Certificate

The above-mentioned document shall analyze various aspects related to digital driving documents, their legality, use of Digi Locker/mParivahan application and other relevant matter

What is Digi locker?

Digi Locker is a digital cloud-based portal offered by the Indian Government through MEITy under the umbrella of Digital India program. Some of the documents that could be obtained by using this service are driving license, vehicle registration certificate, marks sheet, and many more. Furthermore, the service offers a free online 1 GB space for uploading scanned copies of old documents. Having an Aadhar ID card is mandatory for gaining access to services offered by the portal. User verification takes place using OTP (one time password) sent to the user’s registered mobile number.

It may also be interesting to note that the beta launch of Digi Locker happened on 4th February 2015, while its official launch happened on 1st July 2015 and that too by the Prime Minister of India, Mr. Narendra Modi. The storage limit available at the time of official launch was only 100 MB, but it should be remembered that all files must not exceed 10 MB in size. This initiative is a digital system where people can easily manage their government documents online. This system enables citizens to store their verified documents digitally without having to physically keep copies. Digi Locker being linked to the government’s database ensures that the documents available through the system are verified electronically.

Examples of the documents that one can obtain from or save using Digi Locker include:

· Aadhaar card.

· PAN card.

· Certificates.

· Driving license (DL).

· Vehicle registration certificate (RC).

· Insurance papers.

· Birth certificates and other relevant government documents.

An important feature of Digi Locker is that the documents obtained through it are sourced straight from authorized departments of the government, ensuring there is no forgery involved.

Some areas where Digi Locker is mainly applied include:

· Traffic document verification.

· Exams admissions.

· Identity check.

· Government applications.

· Document-less governance services.

What is mParivahan?

The mParivahan is a mobile application created by the Indian government for its citizens that enables them to have access to their transport documentation and services. It allows citizens to have all their vehicle and driver license information consolidated on a single verified digital wallet. The app is linked to the national transport database and thus gives users access to digitally verified information about vehicles and licenses.

With mParivahan, users can:

View their Digital Driving License (DL).
Check their Digital Registration Certificate (RC).
Verify information about their vehicle ownership.
Check the status of challan.
Access insurance information related to their vehicle.

It should be noted that a significant benefit provided by mParivahan is the use of its Digital DL and RC as electronically verifiable government documents that are normally accepted at traffic inspections.

The mParivahan mobile application contributes to the following:

Paperless governance.
Increased accessibility of documents.
Easier verification by the authorities.
Convenience for citizens (Digital India).

Legal Framework for Recognizing Digital Documents

Under the provisions of the Motor Vehicles Act, 1988 and the CMVR, one must have the vehicle related documents on self whenever required at traffic check points. Some of the commonly demanded documents include DL, RC, insurance certificate, permit, fitness certificate and the Pollution Under Control (PUC) certificate. Such documents prove that both the owner of the vehicle and the vehicle itself meet the stipulated legal requirements for driving vehicles on Indian roads. Initially, one was required to keep the hard copies of the abovementioned documents on oneself and submit them on request to the concerned traffic official. However, owing to digitization efforts by the Government to implement paperless governance, the law has evolved accordingly.

Notably, the amendment of the Rule 139 of the CMVR has made an important contribution in this respect. Rule 139 relates to the production of various documents including licenses, registration certificates and other documents of the same category. In view of the amendments introduced to the said rule, it is now possible to produce these documents not only in physical form but also in electronic form. The above discussion indicates that the new trend towards electronic governance of various processes has been considered while amending the said rule. In addition, one may note that the issue at hand is related to compliance with the stipulated rules rather than the production of documents in physical form. Thus, the law provides for the possibility of producing documents electronically. Importantly, the said rule is on the basis of legal recognition of documents contained in the Digi Locker and mParivahan. As such, it makes a significant contribution to facilitation of paperless governance.

Through this legislation, the following developments were possible:

o Electronic Governance,

o Digital Documentation,

o Paperless Administration, and

o Acknowledgement of Digital Platforms such as Digi Locker and mParivahan

The Digital Signature System has helped India to progress further towards achieving its aim of digital governance due to the fact that it offers people legally recognized electronic documents.

Can Traffic Police Impose Fines for the Use of Electronic Documents from Digi Locker?

The Simple Legal Story Behind It. According to the traffic police rules in India, they do not have the right to fine any person on the ground that he/she does not carry the original documents and instead only show the electronic documents using the authorized platform of Digi Locker or mParivahan recognized by the Government of India.

If one produces the following documents

An electronic copy of Driving License (DL),
Electronic copy of Registration Certificate (RC),
The electronic Insurance certificate,
The Pollution Under Control (PUC) certificate,

With the help of above-mentioned applications, all such documents must be accepted by the traffic police.

It all happens on the basis of

The Information Technology Act, 2000
The Motor Vehicles Act, 1988
Notifications issued by Ministry of Road Transport & Highways (MoRTH).

And the main purpose behind accepting digital documents is:

To achieve paperless governance,
Citizens’ convenience,
No need to carry physical copies of documents, and
The initiative of Digital India

It should be noted that the documents presented must be authentic, valid, up to date and be produced using the authorized and electronically verifiable applications.

Otherwise, a simple screen capture, a fake image or scan won’t save you from being fined by the traffic police. Therefore, although presenting physical copies is no longer necessary, having electronic copies of your documents via the official application of the Government will prove very helpful.

Digi Locker Documents Such authentic documents include Digi Locker and mParivahan. The reason why they are authentic is that these are connected to the government database and thus verified electronically. As against regular PDF files or gallery pictures, these documents cannot be tampered with or fake at all.

Differences Between a Valid Digital Document and a Photograph

There is a crucial difference in traffic law regarding what constitutes a valid digital document and what does not. Although the two terms can sound similar, they refer to very different things under traffic enforcement.

1. Valid Digital Document Types

The following types of electronic documents can usually be accepted since they are issued via officially approved government platforms and are electronically verifiable:

§ Documents issued through Digi Locker

§ Documents created using mParivahan services

§ Any other type of electronic documentation provided directly from the database of the respective governmental institution

Since such documentation can be verified electronically at any time and corresponds to records maintained by the government, it is considered reliable and is thus regarded as essentially identical to an original document.

2. Not Usually Accepted

The following types of electronic copies are not typically accepted as substitutes for government-issued electronic documentation:

§ Screenshots of the license or certificate in question

§ Images that have been edited or modified in any way

§ Documentation received through WhatsApp

§ Pictures from your gallery, corresponding to an original document

§ Electronic copies in PDF format without an official sign

These types of documents cannot be verified officially; therefore, traffic enforcement officers are free to refuse them when necessary.

Situations where a Challan Can Still Be Issued by the Police

Electronic documents had already been contemplated earlier. However, there are some instances wherein a challan may yet be prepared.

1. The expiry of the documents or the invalidation of the documents

The validation of electronic documents does not guarantee that such documents are valid. In case the Driver’s License has expired, the Insurance Policy is void, and/or the pollution under control certificate has been cancelled, issuance of a challan by the police becomes a possibility even though the respective documents have been supplied in their electronic form. What is required here is not the medium but the validity of the document itself. Thus, the absence of a challenge to the validity of digital documents does not imply that one will not face issuance of a challan.

2. Unavailability due to practical constraints

It is expected that upon request by the officer in charge of a particular vehicle, the documents will be provided. However, there may be practical reasons that will make it impossible for the motorists to present the respective documents in electronic form when requested. For example, if a driver has discharged his or her mobile phone, there may be no connection on the phone, the applications may have failed, or there may be any other challenge that prevents him or her from accessing the respective document(s). Thus, issuance of a challan becomes a reality.

3. Manipulation of electronic documents

Even though electronic documents are authentic, their legality depends on their validity. Thus, presenting a falsified screenshot, forging an electronic file or other kinds of frauds will automatically disqualify the document. Submitting electronic documents in cases where the motorist violated traffic regulations can subject one to penalties under the Motor Vehicles Act. Besides, falsifying electronic documents in such cases may constitute forgery, misrepresentation, and other criminal offences.

4. Challenges in enforcing the Act due to implementation challenges

While digital documents have been recognized by the Government as legal, implementation of provisions of the Motor Vehicles Act may prove challenging due to certain issues on the ground. Firstly, there may be authorized persons who are ignorant of the Act and who will force the drivers to present physical documents instead of electronic documents. Secondly, it may be difficult for such authorized personnel to check the validity of the documents.

However, even though there is legal sanction for such digital papers, it should be noted that legality is contingent upon the genuineness, validity, and availability of such documents. The issuing of a challan is possible, despite the fact that the documents may be expired, not accessible, forged, or that there may be practical problems during an inspection.

Rights of Citizens During Traffic Checks

As far as the use of Digi Locker and mParivahan have increased over the past few years, it becomes the responsibility of the motorist to submit his Driving License, Registration Certificate and all other documents regarding the car that have been prepared electronically before any traffic checking is done on the road. This is because since both Digi Locker and mParivahan are authorized applications by the government, it can be said without a doubt that all kinds of documents that are prepared from these applications will always remain valid. Furthermore, another responsibility of the motorist is to ask from the traffic authorities why he/ she has been given a traffic challan and for what reason too, but on the other hand, it becomes the responsibility of the citizen to cooperate in all those aspects where he/ she is asked to by the traffic authorities.

Advantages of Digi Locker and mParivahan

The Motor Vehicles Act 2019 regarding increased penalty for traffic violation offenses. First of all, it is worth saying that fines concerning violation have increased ten times as compared to those fines before the introduction of the new legislation. What is more, this statement can be made regarding any fines connected to the inability to provide relevant documentation for one’s vehicle in accordance with the traffic police requirements. As far as the Government of India is concerned, such documents are allowed to be stored in electronic format. In this way, people have to show their driving license, RC (registration certificate), PUC (pollution control certificate), bike insurance, and other documents.

It seems to be really important since fines for violating traffic regulations because of the lack of documents became rather serious as a result of the recently made amendments. For example, the fine for operating a vehicle without a valid license has been raised from Rs. 500 to Rs. 5,000 because of such changes. Therefore, it is vital to use different apps to store required documents.

Challenges in Practical Implementation

Even though there is no ambiguity regarding legality, a number of practical issues persist.

1. Lack of Awareness

Another challenge is related to awareness about the legality of digital documents. Some people might be unaware that documents in Digi Locker and mParivahan are considered legitimate. Moreover, traffic police officers might not have sufficient knowledge about relevant government instructions, which may cause problems while checking for violations.

2. Internet Connectivity Problem

The lack of internet connectivity can pose another problem since the information will have to be accessed using mobile apps. There can be places without proper connection, especially in rural regions where people do not have reliable access to the internet.

3. Technical Problems

Digital systems also come with some limitations in technology. At times the software application may hang, freeze, experience synchronization issues, or problems with the server, which will mean that the users cannot gain access to their files.

4. Dependence on Mobile Phones

There is one more issue that cannot be disregarded, which concerns reliance on mobile phones for accessing and storing digital information. Should a device be lost, broken down, malfunctioning, or simply lacking battery power, the driver will not have a chance to use any of his/her electronic documents.

Digi Locker and Digital India Mission

It should be mentioned that the acceptance of digitally verified documents in terms of Digi Locker and mParivahan will contribute to the realization of the mission behind the Digital India Scheme proposed by the Indian government. The Digital India Scheme includes the reduction of paperwork, transparency in dealing with people, initiatives of the e-governance system, and availability of the government facilities for the people. This proves that the government has recognized the significance of the process of digitalization because there has been a decrease in paperwork.

Digital Driving Documents from an International Perspective

Other than India, use of digital records for drivers has gained popularity around the world among other nations as well. Here it can be said that just as done in India, other nations too have adopted the same path, making things easier for them through digital methods like issuing of electronic licenses and so on. In other words, other nations too have adopted the same decision that India took through its digitization process through Digi locker and mParivahan portals. This is due to the widespread availability of technology in India.

Frequently Asked Questions (FAQs)

1) Is Digi Locker an acceptable form for traffic inspection?

Yes. As far as the law is concerned, documents provided via Digi Locker can be used as legal evidence for traffic inspection. Given that the documents are electronically verified and are related to the government databases, they are valid forms of documentations.

2) Can Police demand originals?

It shouldn’t be an issue in the majority of the cases if someone provides legitimate electronic documents via Digi Locker or mParivahan platforms. It is important to note that according to the government standards, electronic documents are acceptable in most cases.

3) Can Screenshot be acceptable?

No. Traffic authorities may refuse screenshots of driving license and other documents as there is always a risk of falsification of the document. Electronic documents, which are issued via Digi Locker platform, are preferable by the officials.

4) Is Internet required?

In most cases, you will need the internet to access the electronic documents. Some documents will also be available without using the internet based on the settings of your device.

5) Does Traffic Police have a system to verify independently?

Yes. In general, modern traffic systems are equipped with an ability to check driving licenses, registration cards, etc. online using government transportation databases.

6) Do Photocopies Still Have Any Value?

Yes. While documents accessible digitally via Digi Locker and mParivahan are legally binding, having copies handy could be helpful in situations where the battery runs out on your phone, or the device itself is faulty, there is no network, or you are unable to log into the app.

Conclusion

Thus, it is now clear that there is no longer a question of the legality of electronic copies of Driving License, Registration Certificate, insurance certificate, etc., within the framework of the process of traffic check-ups. Namely, in accordance with the legislation provided above, the existence of an authentic copy of any document in the Digi Locker/mParivahan system provides enough grounds for traffic policeman to stop considering an automobile owner guilty of any violation. Therefore, all Indians who have electronic copies of their driving documents can freely enjoy the comfort of traveling without worrying about potential traffic control and receiving traffic tickets for not possessing a physical document. Nevertheless, although a person has an authentic copy of one of his or her traffic documents in a phone, he or she can still be stopped and even receive an official fine from traffic policeman on the condition that one used some kind of electronic copy of a forged or out-of-date record. Thus, in such a situation, the main point to consider would not be the nature of the document but its authenticity and lawfulness.

However, it cannot be denied that there may still be practical problems with checking one’s driving license due to some technical issues or lack of knowledge regarding new regulations on behalf of the traffic policeman. Thus, in order to avoid such situations, it is necessary to raise drivers’ awareness of the matter as well as develop additional mechanisms of establishing proper internet connection. Thus, it becomes clear that the legislation provided above reflects a general tendency towards moving towards paperless systems and advanced technologies in the field of traffic legislation in India. Hence, once a document is considered as trustworthy and reliable as a physical copy, it is now integrated into the existing legal system and becomes a necessity.