LawgistThe Motor Vehicles Act
205Presumption of unfitness to drive
In any proceeding for an offence punishable under section 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.
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OFFENCES, PENALTIES AND PROCEDURE
- 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
