The Motor Vehicles Act, 1988
204. 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,--
- 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
- 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.
- 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:--
- 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
- 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.
- 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.
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