203. Breath tests.—
2[
(1) A police officer in uniform or an officer of the Motor Vehicles Department,
as may be authorised in this behalf by that Department, may require any person driving or attempting to
drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or
nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an
offence under section 185:
Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably
practicable after the commission of such offence.]
(2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has
any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the
accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in
section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath
for a breath test:—
(a) in the case of a person who is at a hospital as an indoor patient, at the hospital,
(b) in the case of any other person, either at or near the place where the requirement is made, or,
if the police officer thinks fit, at a police station specified by the police officer:
Provided that a person shall not be required to provide such a specimen while at a hospital as an
indoor patient 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 a 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) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on
any person under sub-section
(1) or sub-section
(2), that the device by means of which the test has been
carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that
person without warrant except while that person is at a hospital as an indoor patient.
(4) If a person, required by a police officer under sub-section
(1) or sub-section
(2) to provide a
specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to
suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while
he is at a hospital as an indoor patient.
(5) A person arrested under this section shall while at a police station, be given an opportunityto
provide a specimen of breath for a breath test there.
(6) The results of a breath test made in pursuance of the provisions of this section shall be admissible
in evidence.
Explanation.—For the purposes of this section, “breath test”, means a test for the purpose of
obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more
1. Subs. by Act 54 of 1994, s. 60, for sub-section
(2) (w.e.f. 14-11-1994).
2. Subs. by s. 61, ibid., for sub-section
(1) (w.e.f. 14-11-1994).
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specimens of breath provided by that person, by means of a device of a type approved by the Central
Government, by notification in the Official Gazette, for the purpose of such a test.
