Laboratory test
Section 204 of the Motor Vehicles Act deals with laboratory test. 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,- (a) it appears to the police officer that th
(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,- (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 1. Subs. by Act 54 of 1994, s. 60, for sub-section (2) (w.e.f. 14-11-1994). 2. Subs. by s. 61, ibid., for sub-section (1) (w.e.f. 14-11-1994).
(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 a 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 to 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 be admissible in evidence.
Explanation .- For the purposes of this section, "laboratory test" means the analysis of a specimen of blood made at a laboratory established, maintained or recognised by the Central Government or a State Government.
Section 204, The Motor Vehicles Act (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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Questions about Section 204
What does Section 204 of the Motor Vehicles Act deal with?
Section 204 of the Motor Vehicles Act is headed "Laboratory test". 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,- (a) it appears to the police officer that th
How do I find court cases under Section 204 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Motor Vehicles Act 204, section 204 Motor Vehicles Act, section 204 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 204 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 203 (Breath tests), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Motor Vehicles Act enacted?
Motor Vehicles Act was enacted in 1988 as Act 59 of 1988. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1658 words
- 217. Repeal and savings1639 words
- 88. Validation of permits for use outside region in which granted1606 words
- 149. 1094 words
- 96. Power of State Government to make rules for the purposes of this Chapter980 words
- 2. Definitions947 words
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