Laboratory test
AI Assist
Summary
Police may require a blood specimen for a laboratory test from a person arrested in connection with suspected drunk driving if a breath-testing device indicates alcohol or the person refused or failed a breath test. The same may be done while the person is an indoor hospital patient, but the treating registered medical practitioner must be notified and may object if taking the sample would prejudice medical care. Laboratory test results are admissible in evidence. A laboratory means one established, maintained or recognised by the Central or State Government.
Example
Priya is arrested after a minor road accident. At the police station a breath-testing device shows alcohol, so the officer asks a registered medical practitioner to collect a blood sample for a laboratory test; that result can be used in court. If the practitioner produced is male, a female must be present when Priya's blood is taken.
Bare Act
Enacted text(1) A person who has been arrested under section 203 may, while at a police station be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a laboratory test if—
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(a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or
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(b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so:
Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not.
(2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his blood for a laboratory test—
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(a) if it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or
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(b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood:
Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.
(3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence.
ExplanationsFor the purposes of this section, “laboratory test” means the analysis of a specimen of blood made at a laboratory established, maintained or recognised by the Central Government or a State Government.
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