The maximum number of road accidents in India are caused by drunk driving. Hence, the government has many laws and punishments for this type of accident.Explore Section 185 mv act Unraveling Drunk and Drive Section and Punishments. Stay informed on consequences.
Drunk driving, as outlined in Section 185 MV act, poses severe risks leading to accidents, resulting in strict penalties, including fines and imprisonment, to deter offenders, maintain road safety, and protect lives on Indian roads in 2024.
Owning a bike or car and driving it with full responsibility is an important task. One must drive adequately, follow all the norms, and not drive when drunk. There are many driving norms in all countries, and most rules are similar. drunk and drive is not acceptable by any country’s law and is a chargeable offence. It causes a risk to people on the road and one’s family too.
In India, too, many norms are related to drunk and drive cases. There are chances of severe road accidents because of it. Hence it must be brought under control. Every year, close to 5 lakh road accidents happen in India, and several times the culprit is a drunk driver. Hence, one must make sure to abide by the law and drive with proper safety.
The Legal Drinking Age (Drunk and Drive laws)
The first thing while considering drinking is the legal drinking age. In India, the legal drinking age varies from the age of 18 to 25 years. This age varies according to different state laws. Also, some states like Gujrat, Bihar, Nagaland, and Manipur banned alcohol entirely. Some states like Haryana, Goa, and others have a legal drinking age of 25 years. At the same time, most of the states in India have a legal drinking age of 21 years.
Even though the drinking norms differ from state to state in India, the drunk and drive rules are the same for all the states. It is wrong to drive while drunk, according to the Motor Vehicles Act 2019. Even insurance claim is not admissible for accidents caused due to this offence; hence, one must make sure to drive when entirely sober to save one’s life while driving.
The Alcohol Limit for Drunk and Drive In India (Drunk and Drive Limit)
The breath analyzer is used in all states to analyze the alcohol content in an individual’s blood. If the amount of alcohol is more than 30mg per 100ml of blood, the person is considered drunk driving or driving under the influence. The same measure applies to a person driving under a drug’s influence. They are also incapable of exercising proper vehicle control and are considered rule breakers.
India’s drug laws are quite different; one must read them on the internet or discuss them with the help of an experienced lawyer. Also, one must not get intoxicated with drugs and drive a vehicle. It can result in severe road accidents and can also result in penalties, fines, or imprisonment.
The Punishment for Drunk Driving
Drunk and Drive Section 185 MV Act, 1988 considers drunk driving a criminal offence in India. According to the law, the punishment for a drunk and drive case can be imprisonment for six months and a fine of rupees two thousand. If an individual repeats the same crime within three years, the person is punished by imprisonment for up to two years and a fine of three thousand rupees.
IPC Section 185 MV Act, 1988 Fine Amount
A drunk and drive case is considered if a person is found driving a vehicle with 30mg per 100ml of blood in the body, tested by a breath analyser, or is under the influence of a drug and is incapable of exercising proper control over the vehicle. The first offence is charged with a fine of two thousand rupees, imprisonment of up to six months, or both.
If the subsequent offence is committed within the next three years, the subsequent offences are charged with a fine of rupees three thousand, imprisonment of up to two years, or both. These are the norms exercised per Drunk and Drive Section 185 MV Act, 1988. Hence, one must follow the rules and keep one’s record proper and precise.
The Motor Vehicle (Amendment) Bill, 2016
The approval for the Motor Vehicle (Amendment) Bill, 2016, was recently received from the Union Cabinet chaired by Prime Minister Shri. Narendra Modi. This bill aims to improve road safety standards and increase the number of fines and penalties for drunk and driving cases. Per the Motor Vehicle (Amendment) Bill, 2016, the penalty for drunk and drive has been increased from TWO thousand rupees to TEN thousand rupees.
The Section 185 mv act fine amount is considerable, so one must avoid drunk and drive rather than paying such huge fines and disturbing one’s social image. Also, one must spread awareness about traffic laws to one’s friends and family members.
How Can One Avoid Drink and Drive
The cases of drunk and drive must be reduced in India. Hence, every individual must collectively try to reduce the number of such offences. For example, if an individual is attending a party where there is the involvement of alcohol, then one must appoint a driver who can drive home safely. Also, if someone is hosting the party, the host can plan for the people to get home safely.
One must try to plan activities or parties that are alcohol-free and try to engage in other exciting activities. These small steps will help in avoiding drunk and drive cases very effectively. Also, as a responsible citizen of the nation, one must never drive while intoxicated and plan to go home safely with the help of a driver or a friend. Hence, one must never drink and drive and reach home sound and safe.
Conclusion
Drunk and drive is a severe offense that can lead to devastating road accidents and property losses. It is crucial to avoid drunk driving to prevent fatal accidents and serious health injuries. Spread awareness among friends and family about the dangers and high penalties associated with drunk driving. Consulting an experienced lawyer can provide more insights into the laws and help in severe cases. Vakilsearch offers access to experienced lawyers, accountants, and company secretaries who can assist with legal, compliance, and taxation issues. Trusted by over five lakh customers, Vakilsearch is an excellent platform for resolving legal matters efficiently.
FAQs on Drunk and Drive
Section 185 of the Motor Vehicle Act Amendment pertains to the offense of driving under the influence of alcohol or drugs. It outlines legal provisions and penalties for individuals found violating these regulations, emphasising road safety and responsible driving practices.
Is Section 185 a criminal offense?
Yes, Section 185 MV Act Amendment treats driving under the influence as a criminal offense. Individuals caught violating this section may face legal consequences, including fines and potential imprisonment, to deter drunk driving and enhance road safety.
Is 185 MV Act compoundable?
The compoundability of Section 185 MV Act depends on jurisdiction and legal provisions. In certain cases, offenses under this section may be compoundable, allowing for settlement through payment of fines without court proceedings, while others may require legal adjudication.
What is Section 185 of the IPC?
Section 185 of the Indian Penal Code (IPC) primarily pertains to offenses related to impaired driving. This section, in conjunction with motor vehicle regulations, addresses the criminal aspect of driving under the influence of alcohol or drugs.
Is 185 IPC bailable or not?
The availability of Section 185 IPC depends on the specific circumstances of the case and judicial discretion. In some instances, the offense may be bailable, allowing individuals to seek bail, while in other cases, non-bailable provisions may apply based on factors like severity and repetition of the offense.
What is the penalty for drunk driving in India?
The penalty for drunk driving in India includes fines and potential imprisonment. The severity of penalties depends on factors such as blood alcohol concentration levels and the presence of previous offenses. Stringent enforcement aims to deter individuals from endangering themselves and others on the road.
What is the alcohol limit for drunk and drive?
The permissible blood alcohol concentration (BAC) limit for drunk and drive in India is typically 30 mg per 100 ml of blood. Exceeding this limit constitutes an offense under Section 185 MV Act Amendment, leading to legal consequences.
What is the legal drinking age in India?
The legal drinking age in India varies by state, with most states setting it at 21 years. However, some states may have different age limits or restrictions on the sale and consumption of alcoholic beverages.
In which states of India alcohol consumption is completely banned?
Some states in India, such as Gujarat, Bihar, and Nagaland, have implemented complete bans on the consumption of alcohol. These states enforce strict regulations prohibiting the sale and consumption of alcoholic beverages.
What is the punishment for MV Act 185?
The punishment for violating Section 185 of the Motor Vehicle Act includes fines and potential imprisonment. Offenders may face varying degrees of penalties based on factors such as the severity of the offense, previous violations, and the potential harm caused due to driving under the influence.
