MVA Section 205: Presumption of unfitness to drive
Motor Vehicles Act, 1988 · Chapter 13: OFFENCES, PENALTIES AND PROCEDURE
¶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.
Study: explanations and related material
Official reference: India Code, Government of India — edition as on 15 August 2026 — source review: 2 October 2026.Recorded edition / snapshot date: 2026-08-15.Banaka reference transcription, not an official or certified edition. General central text: regional amendment blocks are not consolidated. This edition includes Jan Vishwas 2026 changes effective 15 August 2026. Amendment brackets are retained; footnotes and superscript reference numerals are excluded. Consult the complete government PDF for schedules, amendment notes and authoritative wording. State rules and notifications may differ. Hindi guides are original explanations, not a statutory translation.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 177. General provision for punishment of offences
- 177A. Penalty for contravention of regulations under section 118
- 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
- 179. Disobedience of orders, obstruction and refusal of information
- 180. Allowing unauthorised persons to drive vehicles
- 181. Driving vehicles in contravention of section 3 or section 4
- 182. Offences relating to licences
- 182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
- 182B. Penalty for contravention of section 62A
- 183. Driving at excessive speed, etc
- 184. Driving dangerously
- 185. Driving by a drunken person or by a person under the influence of drugs
- 186. Driving when mentally or physically unfit to drive
- 187. Punishment for offences relating to accident
- 188. Punishment for abetment of certain offences
- 189. Racing and trials of speed
- 190. Using vehicle in unsafe condition
- 191. [Omitted]
- 192. Using vehicle without registration
- 192A. Using vehicle without permit
- 192B. Offences relating to registration
- 193. Punishment of agents, canvassers and aggregators without proper authority
- 194. Driving vehicle exceeding permissible weight
- 194A. Carriage of excess passengers
- 194B. Use of safety belts and the seating of children
- 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders
- 194D. Penalty for not wearing protective headgear
- 194E. Failure to allow free passage to emergency vehicles
- 194F. Use of horns and silence zones
- 195. [Omitted]
- 196. Driving uninsured vehicle
- 197. Taking vehicle without authority
- 198. Unauthorised interference with vehicle
- 198A. Failure to comply with standards for road design, construction and maintenance
- 199. Offences by companies
- 199A. Offences by juveniles
- 199B. Revision of fines and penalties
- 200. Composition of certain offences
- 201. Penalty for causing obstruction to free flow of traffic
- 202. Power to arrest without warrant
- 203. Breath tests
- 204. Laboratory test
- 206. Power of police officer to impound document
- 207. Power to detain vehicles used without certificate of registration permit, etc
- 208. Summary disposal of cases
- 209. Restriction on conviction
- 210. Courts to send intimation about conviction
- 210A. Power of State Government to increase fines or penalties
- 210B. Penalty for offence committed by an enforcing authority
- 210C. Power of Central Government to make rules
- 210D. Power of State Government to make rules