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The Motor Vehicles Act, 1988

204. Laboratory test.

  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,--
  1. 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
  2. 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.

  1. 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:--
  1. 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
  2. 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.

  1. 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.

Motor Vehicles Act, 1988 Back

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