Section 185: Driving by a drunken person or by a person under the influence of drugs

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 185

Section 185 of the Motor Vehicles Act, 1988 creates strict criminal liability for driving or attempting to drive a motor vehicle under the influence of alcohol or drugs, setting the statutory blood alcohol threshold at 30 mg per 100 ml.

  • Core Legal Standard: Section 185 is India's primary statutory weapon against the menace of drunken driving.
  • Substantive Scope & Reach: The section establishes that whoever, while driving or attempting to drive a motor vehicle, has in his blood alcohol exceeding 30 mg per 100 ml of blood detected by a breathalyzer test, or is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, commits a criminal offence.

Penalties include imprisonment for up to six months and/or a fine of ten thousand rupees for a first offence, and imprisonment for up to two years and/or a fine of fifteen thousand rupees for a repeat offence within three years. Police officers are empowered under Section 202 and Section 203 to arrest the offender without warrant and require breathalyzer and laboratory blood testing under Section 204.

Key Landmark Precedents:
  • State through PS Lodhi Colony v. Sanjeev Nanda (2012) 8 SCC 450: The Supreme Court held that drunken driving is a grave social menace; a person driving under heavy intoxication who causes fatal casualties can be imputed with knowledge of inevitable consequences, justifying conviction for culpable homicide under Section 304 Part II IPC / Section 105 BNS.
  • Alister Anthony Pareira v. State of Maharashtra (2012) 2 SCC 648: The Supreme Court ruled that drunken driving with tragic fatal consequences cannot be treated as mere negligence; drivers operating vehicles under significant intoxication display gross disregard for human life.
  • IFFCO TOKIO General Insurance Co. Ltd. v. Pearl Beverages Ltd. (2021) 7 SCC 704: A Three-Judge Bench held that in insurance claims, the insurer can establish drunken driving not only through Section 185 breathalyzer tests, but also through circumstantial medical evidence, hospital casualty logs, and smelling of alcohol; proof of intoxication allows the insurer to repudiate own-damage claims.
Legal Commentary:

Section 185 enforces a zero-tolerance policy against intoxicated driving. While criminal prosecution requires proof of exceeding the 30 mg/100 ml blood alcohol limit, insurance jurisprudence under Pearl Beverages allows insurers to repudiate own-damage coverage if medical records reveal that intoxication contributed to the crash. For third-party victims before the MACT, drunken driving by the tortfeasor establishes actionable negligence, with the insurer satisfying the award and recovering the sum from the intoxicated driver and owner.