Section 204 Motor Vehicles Act: Laboratory test

Section 204 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 if,

(a) 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 (b) 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.

(2) A 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

(a) 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

(b) 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.

(3) 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.

Legal Commentary & Landmark Judgments: Section 204

Section 204 of the Motor Vehicles Act, 1988 governs the mandatory laboratory analysis of blood and urine specimens taken from persons suspected of driving under the influence of alcohol or drugs, establishing strict statutory protocols and evidentiary standards for chemical analysis.

Statutory Requisition for Laboratory Blood Testing: Section 204(1) authorizes a police officer to require an arrested person to provide a specimen of blood for laboratory examination if the preliminary breath test indicates alcohol or if the person refused the breath test under Section 203.
Strict Medical Safeguards and Physician Administration: Section 204(2) mandates that a blood specimen can only be drawn by a registered medical practitioner at a hospital or police station, ensuring sterile medical conditions and patient safety.
Adverse Inference and Evidentiary Weight: Section 204(3) to (5) decrees that unreasonable refusal to provide a specimen may be treated by the trial court as supporting evidence of drunkenness, and governs the chain of custody and forensic transmission of blood vials to the State Forensic Science Laboratory.

Key Landmark Precedents:

Selvi v. State of Karnataka (2010) 7 SCC 263: The Supreme Court held that the extraction of bodily substances like blood samples under statutory medical examination provisions (such as Section 204 MV Act r/w Section 53 CrPC) is constitutionally valid and does not violate the fundamental right against self-incrimination under Article 20(3).
State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: The Supreme Court emphasized that scientific evidence derived from chemical and laboratory analysis requires unbroken chain of custody proof to rule out sample contamination or tampering before it can form the basis of a criminal conviction.

Courtroom Practice & Strategic Litigation Guidance:

In blood alcohol prosecutions, scrutinize the chemical examiner's report and hospital MLC for preservation protocols (such as adding sodium fluoride preservative and storage at 4°C). If the prosecution fails to prove the unbroken chain of custody from the medical officer to the forensic laboratory, object to its admissibility under Section 204.

Section 204: Laboratory test

Section 204 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 204