Chapter XIII — Offences, Penalties And Procedure
Section 205 — Presumption of unfitness to drive
Motor Vehicles Act, 1988 (Act 59 of 1988)
Text of the section
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.
Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.
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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