Vidhara

The Motor Vehicles Act, 1988

§205Presumption 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.

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Source & version

Official text: India Code (official)

Official India Code text: The Motor Vehicles Act, 1988 (59 of 1988), English PDF (bitstream 123456789/1798/1/aA1988-59.pdf, 3,740,289 bytes, sha256 be5bac90…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-30. The same handle also carries a Hindi edition (Hh198859.pdf) — the English 'aA'-prefixed file is the one ingested. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Automated parse; footnotes/amendment history and the Schedules excluded; spot-verified; full clause-level proofread pending.

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