MV Act 204Chapter XIII · Offences, Penalties and Procedure
Section 204 · Laboratory tests
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(1) A person who has been arrested under section 203 may, while in a police station, be required by a police officer to give a specimen of his blood for laboratory test to a registered medical practitioner produced by the police officer, if,-
(a) it appears to the police officer that the device by which the breath test has been conducted in respect of such person indicates the presence of alcohol in the blood of such person, or
(b) such person, when given an opportunity of submitting to the breath test, has refused, omitted or failed to do so: Provided that where the person required to give such specimen is a woman and the registered medical practitioner produced by the police officer is a male medical practitioner, the sample shall be taken in the presence of a woman, whether she is a medical practitioner or not. (2) A person may, while in a hospital as an inpatient, be required by a police officer to give a specimen of his blood for a laboratory test in the hospital-
(a) if it appears to the police officer that the device by which the breath test has been carried out in respect of such person indicates the presence of alcohol in the blood of such person, or
(b) if the person, having been required to provide a specimen of breath for a breath test, whether in a hospital or elsewhere, has refused, omitted or failed to do so and the police officer has reasonable cause to suspect that there is alcohol in his blood:
Provided that no person shall be required to give a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner under whose immediate supervision the person is has not previously been informed of the proposal to take the specimen, or he objects to the provision of the specimen on the ground that the provision or requirement of the specimen is unreasonable for the patient. (3) The results of a laboratory test conducted in pursuance of this section shall be admissible in evidence.
Explanation.--For the purposes of this section, "laboratory test" means the analysis of a sample of blood carried out in a laboratory established, maintained or recognised by the Central Government or a State Government.
(a) it appears to the police officer that the device by which the breath test has been conducted in respect of such person indicates the presence of alcohol in the blood of such person, or
(b) such person, when given an opportunity of submitting to the breath test, has refused, omitted or failed to do so: Provided that where the person required to give such specimen is a woman and the registered medical practitioner produced by the police officer is a male medical practitioner, the sample shall be taken in the presence of a woman, whether she is a medical practitioner or not. (2) A person may, while in a hospital as an inpatient, be required by a police officer to give a specimen of his blood for a laboratory test in the hospital-
(a) if it appears to the police officer that the device by which the breath test has been carried out in respect of such person indicates the presence of alcohol in the blood of such person, or
(b) if the person, having been required to provide a specimen of breath for a breath test, whether in a hospital or elsewhere, has refused, omitted or failed to do so and the police officer has reasonable cause to suspect that there is alcohol in his blood:
Provided that no person shall be required to give a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner under whose immediate supervision the person is has not previously been informed of the proposal to take the specimen, or he objects to the provision of the specimen on the ground that the provision or requirement of the specimen is unreasonable for the patient. (3) The results of a laboratory test conducted in pursuance of this section shall be admissible in evidence.
Explanation.--For the purposes of this section, "laboratory test" means the analysis of a sample of blood carried out in a laboratory established, maintained or recognised by the Central Government or a State Government.
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