Section 185 in Motor Vehicles Act

Title: Driving by a drunken person or by a person under the influence of drugs

Description: 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, 2[or in any other test including a laboratory test,] 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 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both. 6[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 (61 of 1985).] 1. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019). 3. Subs. by s. 68, ibid., for which may extend to two thousand rupees (w.e.f. 1-9-2019). 4. The words if committed within three years of the commission of the previous similar offence, omitted by s. 68, ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 68, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019). 6. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019).

Title: Driving when mentally or physically unfit to drive

Description: Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to 1[one thousand rupees] and for a second or subsequent offence with fine which may extend to 2[two thousand rupees]. 1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019).

Title: Punishment for offences relating to accident

Description: Whoever fails to comply with the provisions of clause 1[(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with imprisonment for a term which may extend to 2[six months], or with fine 3[of five thousand rupees], or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to 4[one year], or with fine 5[of ten thousand rupees], or with both. 1. Subs. by s. 70, ibid., for “(c)” (w.e.f. 1-9-2019). 2. Subs. by s. 70, ibid., for “three months” (w.e.f. 1-9-2019). 3. Subs. by s. 70, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 70, ibid., for “six months” (w.e.f. 1-9-2019). 5. Subs. by s. 70, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019)

Title: Punishment for abetment of certain offences

Description: Whoever abets the commission of an offence under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence. 1. Subs. by s. 71, ibid., for “one month” (w.e.f. 1-9-2019). 2. Subs. by s. 71, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 3. Ins. by s. 71, ibid. (w.e.f. 1-9-2019).

Title: Racing and trials of speed

Description: Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to 1[three months], or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.] 1. Subs. by s. 72, ibid., for which may extend to two hundred and fifty rupees (w.e.f. 1-9-2019). 2. Subs. by s. 72, ibid., for which may extend to one thousand rupees (w.e.f. 1-9-2019). 3. Ins. by s. 72, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 72, ibid., for a fine of one thousand rupees (w.e.f. 1-9-2019). 5. Subs. by s. 72, ibid., for a fine of two thousand rupees (w.e.f. 1-9-2019). 6. Subs. by s. 72, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019). 7. Subs. by Act 32 of 2019, s. 72, for “which may extend to five thousand rupees” (w.e.f. 1-9-2019).

CHAPTER 13 OFFENCES PENALTIES AND PROCEDURE