Motor Vehicles Act Section 204 — Laboratory test
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
Civil
Summary
Sub-section (1) covers a person arrested under section 203 who is at a police station. A police officer can require that person to give a blood sample to a registered medical practitioner brought by the officer, for a laboratory test. This can be required if the breath-test device indicates alcohol in the person's blood, or if the person refused, omitted, or failed to take a breath test when given the chance. If the person is a female and the medical practitioner is male, the blood sample must be taken only in the presence of a female, whether that female is a medical practitioner or not.
Sub-section (2) covers a person who is in a hospital as an indoor patient. A police officer can require that person to give a blood sample at the hospital for a laboratory test. This can be required if the breath-test device indicates alcohol in the person's blood, or if the person refused, omitted, or failed to provide a breath specimen when required (whether at the hospital or elsewhere) and the officer reasonably suspects the person has alcohol in their blood. However, a person cannot be required to give a blood sample under this sub-section unless the registered medical practitioner in immediate charge of the patient's case is first notified of the proposal, and that practitioner does not object on the ground that providing the sample or the requirement to provide it would harm the proper care or treatment of the patient.
Sub-section (3) states that the results of a laboratory test done under this section are admissible as evidence.
The explanation defines "laboratory test" for this section as the analysis of a blood specimen at a laboratory established, maintained, or recognised by the Central Government or a State Government.
Official Text
(1) 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,—
(a) 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
(b) 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.
(2) A 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:—
(a) 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
(b) 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.
(3) 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.