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MVA, 1988
Start Practicing
MVAChapter XIIISection 202
Section202

Power to arrest without warrant

AI Assist

Summary

A police officer in uniform may arrest without warrant a person who in his presence commits an offence punishable under sections 184, 185 or 197. For an arrest under section 185 the arrestee must be given a medical examination by a registered medical practitioner within two hours, failing which they must be released. An officer may also arrest without warrant anyone who refuses to give name and address, and when a driver is arrested the officer must take steps for temporary disposal of the vehicle.

Example

Ravi is stopped by uniformed police after driving erratically and arrested for suspected drunk driving under section 185. The officers must get him examined by a registered medical practitioner within two hours or else release him. Since Ravi is the driver, police also arrange temporary disposal of his car.

Bare Act

Enacted text

(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:
Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody.

(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.

(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.

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XIII

Chapter XIII

Offences, Penalties and Procedure

In this chapter

  • 177General provision for punishment of offences
  • 178Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
  • 179Disobedience of orders, obstruction and refusal of information
  • 180Allowing unauthorised persons to drive vehicles
  • 181Driving vehicles in contravention of section 3 or section 4
  • 182Offences relating to licenses
  • 182APunishment for offences relating to construction and maintenance of vehicles
  • 183Driving at excessive speed, etc
  • 184Driving dangerously
  • 185Driving by a drunken person or by a person under the influence of drugs
  • 186Driving when mentally or physically unfit to drive
  • 187Punishment for offences relating to accident
  • 188Punishment for abetment of certain offences
  • 189Racing and trials of speed
  • 190Using vehicle in unsafe condition
  • 191Sale of vehicle in or alteration of vehicle to condition contravening this Act
  • 192Using vehicle without registration
  • 192AUsing vehicle without permit
  • 193Punishment of agents and canvassers without proper authority
  • 194Driving vehicle exceeding permissible weight
  • 195Imposition of minimum fine under certain circumstances
  • 196Driving uninsured vehicle
  • 197Taking vehicle without authority
  • 198Unauthorised interference with vehicle
  • 199Offences by companies
  • 200Composition of certain offences
  • 201Penalty for causing obstruction to free flow of traffic
  • 202Power to arrest without warrant
  • 203Breath tests
  • 204Laboratory test
  • 205Presumption of unfitness to drive
  • 206Power of police officer to impound document
  • 207Power to detain vehicles used without certificate of registration permit, etc
  • 208Summary disposal of cases
  • 209Restriction on conviction
  • 210Courts to send intimation about conviction
Previous · Section 201Penalty for causing obstruction to free flow of trafficNext · Section 203Breath tests