Chapter XIII — Offences, Penalties And Procedure

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

Motor Vehicles Act, 1988 (Act 59 of 1988)

Text of the section

Driving by a drunken person or by a person under the influence of drugs.—Whoever, while driving, or attempting to drive, a motor vehicle,— 1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or] (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle. shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.

Amended by the 2019 Amendment Act

In section 185 of the principal Act,— (i) in clause (a), after the words “breath analyser,”, the words “or in any other test including a laboratory test,” shall be inserted; Amendment of section 184. Amendment of section 185. (ii) for the words “which may extend to two thousand rupees”, the words “of ten thousand rupees” shall be substituted; (iii) the words “ if committed within three years of the commission of the previous similar offence,” shall be omitted; (iv) for the words “which may extend to three thousand rupees”, the words “of fifteen thousand rupees” shall be substituted; (v) for the Explanation, the following Explanation shall be substituted, namely:– 'Explanation.—For the purposes of this section, the expression “drug” means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985.'. 69. In section 186 in the principal Act, for the words “two hundred rupees” and “five hundred rupees”, the words “one thousand rupees” and “two thousand rupees” shall respectively be substituted. 70.

This is the amending instruction from the Motor Vehicles (Amendment) Act, 2019 (Act 32 of 2019), quoted verbatim. Read it together with the text above — the consolidated version is the section as it reads once these changes are applied.

Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; any 2019 change is shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.

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