(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:
Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody. [(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.]
(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.
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.
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.