Driving by a drunken person or by a person under the influence of drugs
Section 185 of the Motor Vehicles Act, 1988 deals with driving by a drunken person or by a person under the influence of drugs. First offence: Imprisonment up to six months, or a fine of ₹10,000, or both. Whoever, while driving, or attempting to drive, a motor vehicle,-- [(a) has, in his blood, alcohol exceeding 30 mg. The Act came into force on 01 Jul 1989.
Whoever, while driving, or attempting to drive, a motor vehicle,--
1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 2[or in any other 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.
shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both.
6[Explanation.-- For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).]
Section 185, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 8
- s. 20 Power of Court to disqualify
- s. 22 Suspension or cancellation of driving licence on conviction
- s. 150 Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
- s. 188 Punishment for abetment of certain offences
- s. 202 Power to arrest without warrant
- s. 203 Breath tests
- s. 205 Presumption of unfitness to drive
- s. 206 Power of police officer to impound document
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas
Court's Decision & Legal Precedent
A prosecution, if otherwise maintainable, would lie both under the Indian Penal Code and the Motor Vehicles Act, 1988, since both the statutes operate with full vigour in their own independent spheres. The offences provided under both the statutes are separate and distinct from each other, and an offender can be tried and punished independently under both statutes. The principle that the special law should prevail over the general law has no application in cases of prosecution of offenders in road accidents under the IPC and Motor Vehicles Act, as the offences do not overlap. Section 26 of the General Clauses Act, 1897 permits prosecution under either or both enactments but prevents double punishment for the same offence.
On this section: Offence of driving under influence of alcohol or drugs; provides for imprisonment up to 6 months or fine up to Rs. 2000 for first offence
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Kuldeep Singh vs State of H. P
Court's Decision & Legal Precedent
Where a professional driver operates a motor vehicle carrying multiple passengers at dangerously high speed, creating an obvious and substantial risk of harm that any reasonable person would foresee, such conduct constitutes rash and negligent driving under Section 304A IPC. The resulting deaths from such conduct are punishable as offences of causing death by rash or negligent act. The primary consideration in sentencing for such offences is deterrence, to compel professional drivers to maintain constant vigilance and to prevent further motor vehicle accidents. A conviction for causing death by rash or negligent driving, even with time already spent in custody, must result in imprisonment to serve the deterrent purpose and uphold public safety.
On this section: Driving a motor vehicle while under influence of alcohol or drugs
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Padala Mahesh v. State of Telangana
Court's Decision & Legal Precedent
Detection of drunk driving under MV Act s.185 does not authorise police to seize/detain the vehicle as if under s.207. Directions: stop the intoxicated driver from driving; allow a licensed sober companion to drive; otherwise arrange temporary safe custody and release on RC/ID/licence; charge-sheet promptly under Rule 448-A. Breach attracts contempt.
On this section: s.185 drunken driving — offence does not itself confer vehicle-seizure power; custody limited to safety/release protocol
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… P10 afresh. 2. The short facts that arise from the record are as under:- The present appellant, while working as the Sub Inspector of Police at Kochi, registered an FIR against the private respondent alleging the commission of offences under Section 279 IPC and Section 185 of the Motor Vehicles Act. The private respondent filed O.S. No. 615 of 2010 for damages against the Sub Inspector as well as the State of Kerala before the Sub Court, Ernakulam. He also preferred Ext. P10 petition dated 23.09.2011 contending that the appellant had made a false entry in the FIR and that he had W. …
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… The said FIR was lodged on the statement of respondent No. 2 namely Atif, alleging that the petitioner drove in a rash and negligent manner and caused an accident on 24.07.2022 resulting in the damage of the cars of respondent Nos. 2 and 3 herein. It has been submitted that later on section 185 of the Motor Vehicles Act was also added. 2. Briefly set out the allegations as per the FIR are that on 24.07.2022 at about 2.30 a.m., when the complainant was returning home to Jasola from Green Park and was on the flyover towards Nehru Place from Chirag Delhi flyover, in his car bearing no. DL 4C AX 1257, Honda …
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… ON THE SAME DAY DELIVERED THE FOLLOWING: 2 J U D G M E N T The petitioner is the accused in C.C.No.1824/2013 pending on the file of the Judicial First Class Magistrate Court, Pala (for short 'the court below'). The offences alleged are punishable under Section 118(e) of the Kerala Police Act and Section 185 of the Motor Vehicles Act. 2. The court below took cognizance of the offence against the petitioner based on Ext.P1 final report submitted by the Investigating Officer on 23.09.2013. Thereafter, further investigation was conducted under Section 173(8) of the Code of Criminal Procedure and Ext.P2 supplemental …
Questions about Section 185
What have the courts held on Section 185 of the Motor Vehicles Act?
The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas (04 Oct 2019) is the leading judgment on this section among those set out below: Offence of driving under influence of alcohol or drugs; provides for imprisonment up to 6 months or fine up to Rs. 2000 for first offence. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2008 to 2021.
How do I find court cases under Section 185 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: MV Act 185, section 185 MV Act, section 185 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with The State of Tripura Home Department Chief Secretary vs Ramchandra Rabidas @ Ratan Rabidas (04 Oct 2019).
What should I read with Section 185 of the Motor Vehicles Act, and has it changed?
8 other provisions in this corpus refer back to it.
When did Section 185 of the Motor Vehicles Act come into force?
Section 185 of the Motor Vehicles Act, commonly called drunken driving or drink and drive, and cited as MV Act 185, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.