Section 202: Power to arrest without warrant

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 202

Section 202 of the Motor Vehicles Act, 1988 confers specialized statutory power upon police officers in uniform to arrest individuals without a warrant for committing dangerous driving, drunken driving, or vehicle theft in their presence, subject to strict constitutional and procedural safeguards.

  • Warrantless Arrest for High-Risk In-Presence Offences: Section 202(1) empowers a police officer in uniform to arrest without warrant any person who in their presence commits an offence under Section 184 (dangerous driving), Section 185 (drunk driving), or Section 197 (taking vehicle without authority).
  • Arrest for Refusal to Disclose Identity: Section 202(1) proviso authorizes warrantless arrest of any driver who commits any offence under the Act and refuses to give their name and address, or provides an address reasonably suspected to be false.
  • Mandatory Two-Hour Medical Examination Rule: Section 202(2) strictly mandates that any person arrested for drunk driving under Section 185 must be subjected to a medical examination by a registered medical practitioner within two hours of arrest, failing which they must be released from custody.
Key Landmark Precedents:
  • D.K. Basu v. State of W.B. (1997) 1 SCC 416: The Supreme Court laid down mandatory constitutional guidelines governing all warrantless arrests, holding that statutory powers of arrest under special enactments (such as Section 202 MV Act) must scrupulously adhere to arrest memos, intimation to relatives, and medical examinations.
  • Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: The Supreme Court emphasized that the power of arrest must not be exercised mechanically or routinely for bailable or minor regulatory offences, mandating strict compliance with Section 41/41A CrPC (now BNSS) to prevent arbitrary detention.
Courtroom Practice & Strategic Litigation Guidance:

In defending an accused arrested for drunken driving under Section 202, meticulously check the case diary timeline. If the police failed to conduct the medical examination within two hours of arrest as mandated by Section 202(2), raise this statutory violation immediately to secure bail and challenge the evidentiary admissibility of the belated blood report.