Section 204 of MVA : Section 204: Laboratory Test

Explanation using Example

Imagine John is driving home after a party and is stopped by the police for a routine check. The police officer suspects that John may be under the influence of alcohol due to his slurred speech and the smell of alcohol. The officer conducts a breathalyzer test using a device, and it indicates the presence of alcohol in John's blood.

Under Section 204(1)(a) of The Motor Vehicles Act, 1988, since the breath test device shows the presence of alcohol, the police officer has the authority to require John to provide a blood sample for further laboratory testing. If John were a woman, and the medical practitioner available were a male, then as per the proviso, the blood sample would have to be taken in the presence of another female.

If John were taken to a hospital as a result of an accident and was an indoor patient, Section 204(2) would apply. If the breath test at the hospital also indicated alcohol presence, the police could again require a blood specimen, provided the medical practitioner in charge does not object.

The results of the blood test from the laboratory would be admissible in court as evidence of John's blood alcohol level, as per Section 204(3).