Page 172 - The Motor Vehicles Act, 1988

158 THE MOTOR VEHICLES ACT, 1988 SECTION 203

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[(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 step he may consider proper
for the temporary disposal of the vehicle.
COMMENTS
Section 202 empowers a police officer in uniform to arrest without warrant any person who
in his presence commits an offence punishable under sections 184 and 185 (or section 197) of the
Act.—Mehaboob v. State 2011 (103) AIC 650 (Kerala H.C.)
Under section 202(2), a police officer can arrest without warrant any person who has
committed an offence under the Act only “if such person refuses to give his name and address”.—
Mehaboob v. State 2011 (103) AIC 650 (Kerala H.C.)
203. Breath tests
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[(1) A police officer in uniform or an officer of the Motor Vehicles Department, as
may be authorised in this behalf by that Department, may require any person driving
or attempting to drive a motor vehicle in a 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 commission of such offence.]
(2) If a motor vehicle is involved in an accident in a public place and a police
officer in uniform has any reasonable cause to suspect that the person who was driving
the motor 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 a 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 a hospital as an indoor patient 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 the 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.

1 Inserted by Act 54 of 1994, w.e.f. 14-11-1994.