MVA 205 — Presumption of unfitness to drive

Motor Vehicles Act, 1988

Statutory text

205. Presumption of unfitness to drive - In any proceeding for an offence punishable under section 185 if it is proved that the accused , when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.
Corresponding Law- section 205 corresponds to section 128-C of the Motor Vehicles Act, 1939.
Objects and Reasons - Clause 205 lays down that refusal by a driver to submit himself to breath test or urine test to prove drunkenness without any reasonable case will amount to presumption by the Prosecution of the driver's unfitness to drive.

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