Lawgist185Driving by a drunken person or by a person under the influence of drugs
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).]
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1. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019).
3. Subs. by s. 68, ibid., for which may extend to two thousand rupees (w.e.f. 1-9-2019).
4. The words if committed within three years of the commission of the previous similar offence, omitted by s. 68, ibid. (w.e.f. 1-9-2019).
5. Subs. by s. 68, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019).
6. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019).
- 177 General provision for punishment of offences
- 177A Penalty for contravention of regulations under section 118
- 178 Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
- 179 Disobedience of orders, obstruction and refusal of information
- 180 Allowing unauthorised persons to drive vehicles
- 181 Driving vehicles in contravention of section 3 or section 4
- 182 Offences relating to licences
- 182A Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
- 182B Punishment for contravention of section 62A
- 183 Driving at excessive speed, etc
- 184 Driving dangerously
- 185 Driving by a drunken person or by a person under the influence of drugs
- 186 Driving when mentally or phycically unfit to drive
- 187 Punishment for offences relating to accident
- 188 Punishment for abetment of certain offences
- 189 Racing and trials of speed
- 190 Using vehicle in unsafe condition
- 191 Omitted
- 192 Using vehicle without registration
- 192A Using vehicle without permit
- 193 Punishment of agents, canvassers and aggregators without proper authority
- 194 Driving vehicle exceeding permissible weight
- 194A Carriage of excess passengers
- 194B Use of safety belts and the seating of children
- 194C Penalty for violation of safety measures for motor cycle drivers and pillion riders
- 194D Penalty for not wearing protective headgea
- 194E Failure to allow free passage to emergency vehicles
- 194F Use of horns and silence zones
- 195 Omitted
- 196 Driving uninsured vehicle
- 197 Taking vehicle without authority
- 198 Unauthorised interference with vehicle
- 198A Failure to comply with standards for road design, construction and maintenance
- 199 Offences by companies
- 199A Offences by juveniles
- 199B Revision of fines
- 200 Composition of certain offences
- 201 Penalty for causing obstruction to free flow of traffic
- 202 Power to arrest without warrant
- 203 Breath tests
- 204 Laboratory test
- 205 Presumption of unfitness to drive
- 206 Power of police officer to impound document
- 207 Power to detain vehicles used without certificate of registration permit, etc
- 208 Summary disposal of cases
- 209 Restriction on conviction
- 210 Courts to send intimation about conviction
- 210A Power of State Government to increase penalties
- 210B Penalty for offence committed by an enforcing authorit
- 210C Power of Central Government to make rules
- 210D Power of State Government to make rules
