Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 202, and section 203

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 199, section 202,  and section 203

      202. Power to arrest without warrant, -  (1)  A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:

  Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of  his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from the custody.

  (2)  A police officer in uniform may arrest without warrant any person who has committed an offence under this Act, if such person refuses to give his name and address.

  (3)  A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.

        203. Breath analysis, -  (1) A police officer in uniform or an officer of the Motor Vehicles department as may be authorized in this behalf by that Department, may require any person driving  or attempting to drive a motor vehicle in public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185.

  Provided that requirement for breath test shall be made(unless it is made) as soon as reasonably practicable after the commissioning of such offence.

  (2) If a motor vehicle involved in an accident in public place and a police officer in uniform has any reasonable caused to suspect  that the person who was driving the vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185, he may require the person so driving the motor vehicle to provide a specimen of his breath for a breath test,-

(a)    in the case of  a person who is at  hospital as an indoor patient, at the hospital.

(b)   In the case of any other person, either at or near the place where the requirement is made, or if the police officer thinks fit, at a police station specified by the police officer.

 Provided that a person shall not be required to provide such a specimen  while at hospital as an inpatient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or requirement to provide it would be prejudicial to the proper care or treatment of the patient.

  (3) If it appears to a police officer in uniform in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2) that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may  arrest that person without warrant except while that person is at a hospital as an indoor patient.

  (4) If a person, required by  a police officer under sub-section (1) or under sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient.

  (5) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for breath test there.

  (6) The results of breath test made in pursuance of the provisions of this section shall be admissible in evidence.

  Explanation:- For the  purposed of this section, “ breath test “ means a test for the purpose of obtaining an indication of the presence of alcohol in a person’s blood carried out on one or more specimens breath provided by that person by means of a device of a type approved by the Central Government by notification in the Official Gazette for the purpose of such a test