Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 204,section 205, and section 206

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 204, section 205,  and section 206

  204. Laboratory test, -  (1) A person who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such  police officer, a specimen of his blood for a laboratory test if,

(a)     It appears to the police officer that the device, by means of which breath test was taken in relation to such person indicates the presence of alcohol in the blood of such person; or

(b)   such person, when given the  opportunity to submit to a  breath test, has refused, omitted or failed to do so.

                Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner the specimen shall be taken only in the presence of a female whether a medical practitioner or not.

  (2)  A person while at hospital as an indoor patient may be required by a police officer to provide at the hospital  a specimen of his blood for a laboratory test,-

(a)    If it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person; or

(b)   If the person having been required whether at the hospital or elsewhere to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood:

Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects of the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.

  (3) The results of a laboratory test made in pursuance of this section shall admissible in evidence.

                Explanation: - For the purpose of this section “ laboratory test” means the analysis of a specimen of blood made at a laboratory established, maintained or recognized by the Central Government or a State Government.

  205. Presumption of unfitness to drive, -  IN any proceeding for an offence punishable under section 185 if is proved that the accused when requested by  a police officer at any time so to do, had refused, omitted or failed to consent to taking or providing a specimen of his breath for a breath test or a specimen of his blood for blood a laboratory test, his refusal, omission of failure may, unless reasonable caused thereof is shown, be presumed to be a circumstances supporting any evidence given on behalf of the defense, with respect  to his condition at that time.

  206. Power of police officer to impound document, - (1) A police officer or other person authorized in this behalf by the State Government  may if he has reason to believe that any identification mark carried on  a motor vehicle or any license, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of Indian Penal Code 1860 ( 45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

  (2) Any police officer or other person authorized in this behalf be the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of summons, seize any license held by such driver and forward to the Court taking cognizance of the offence and the said Court shall on the first appearance of the driver before it return the license to him in exchange for temporary acknowledgement given under sub-section (3)

  (3) A police officer or other person authorized by the State Government in this behalf, is on an application given made to him is satisfied that the license cannot be or has not been returned to the holder thereof before the date specified in the acknowledgement for any reason for which the holder is not responsible, the Magistrate, police officer or other person, as the case may be, may extent the period of authorization to dive to such date as may be specified in the acknowledgement.