Page 160 - The Motor Vehicles Act, 1988

146 THE MOTOR VEHICLES ACT, 1988 SECTION 185

(4) The publication of a time table under which or the giving of any direction that
any journey or part of a journey is to be completed within a specified time shall if in the
opinion of the court it is not practicable in the circumstances of the case for that journey
or part of a journey to be completed in the specified time without contravening the
speed limits referred to in section 112 be prima facie evidence that the person who
published the time table or gave the direction has committed an offence punishable
1
under [sub-section (1)].
184. Driving dangerously
Whoever drives a motor vehicle at a speed or in a manner which is dangerous to
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the public [or which causes a sense of alarm or distress to the occupants of the vehicle,
other road users, and persons near roads,] having regard to all the circumstances of the
case including the nature, condition and use of the place where the vehicle is driven
and the amount of traffic which actually is at the time or which might reasonably be
expected to be in the place, shall be punishable for the first offence with imprisonment
3
for a term [which may extend to one year but shall not be less than six months or with
fine which shall not be less than one thousand rupees but may extend to five thousand
rupees, or with both], and for any second or subsequent offence if committed within
three years of the commission of a previous similar offence with imprisonment for a
4
term which may extend to two years, or with fine [of ten thousand rupees], or with
both.
2
[Explanation : For the purpose of this section,—
(a) jumping a red light;
(b) violating a stop sign;
(c) use of handheld communications devices while driving;
(d) passing or overtaking other vehicles in a manner contrary to law;
(e) driving against the authorised flow of traffic; or
(f) driving in any manner that falls far below what would be expected of a
competent and careful driver and where it would be obvious to a competent
and careful driver that driving in that manner would be dangerous,
shall amount to driving in such manner which is dangerous to public.]
185. Driving by a drunken person or by a person under the influence of drugs
Whoever, while driving, or attempting to drive, a motor vehicle—
5 [(a) has, in his blood, alcohol exceeding 30 mg. per 100ml. of blood detected in
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a test by a breath analyser [or in any another test including a laboratory
test,] or]
(b) is under the influence of a drug to such an extent as to be incapable of
exercising proper control over the vehicle,
1. Substituted for “sub-section (2)” by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019),
dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
2. Inserted, ibid.
3. Substituted for “which may extend to six months or with fine which may extend to one thousand
rupees”, ibid.
4. Substituted for “which may extend to two thousand rupees”, ibid.
5. Substituted by Act 54 of 1994, w.e.f. 14-11-1994.