The motor vehicle Act, 1939, amended up to 1989 contains a clause 117 which reads as:
"117 Driving by a drunken person or by a person under the influence of drugs - whoever while driving or attempting to drive a motor vehicle or riding or attempting to ride, a motor cycle - (a) has in his blood, alcohol in any quantity, howsoever small the quantity may be 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 which may extend to two thousand rupees or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to three thousand rupees, or with both". |