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Liquor and Alcohol Drinking laws in India | Age, Punishment for Public Drinking

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In India, there is no uniformity with respect to liquor laws and it varies from one State to another, be it the legal drinking age or the laws which regulate the sale and consumption of alcohol. These variations in the prices and laws revolving around alcohol are due to the inclusion of the subject of alcohol in the State list which comes under the Seventh Schedule of the Constitution of India.


The drinking laws also list down the places where alcohol can be sold in the States. Where in some States, liquor may be sold at groceries, departmental stores, banquet halls and/or farm houses, some tourist areas having special laws allow the sale of alcohol on beaches and houseboats. Some States even ban the sale of liquor in its entirety. 

 


Drinking and Driving Law

According to Section 185 of the Motor Vehicle Act, 1988, if a person attempts to drive or drives a motor vehicle in a drunken state and if found with Blood Alcohol Level (BAL) exceeding 30 mg of intake per 100 ml of blood detected with the help of a Breath-analyser, then that person shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. This law is also applicable for other drugs apart from alcohol under the influence of which the person is incapable of exercising proper control over the vehicle.


Further, if the offence of drinking and driving is repeated by the offender within three years of the commission of the previous similar offence, then the offender shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.


Moreover, negligent and rash driving (which includes driving under the influence of alcohol) is a criminal offence and punishable under the Indian Penal Code, 1860 (Section 279). 


Consult: Top Criminal Lawyers in India

 


Public Drinking

Drinking in public creates nuisance and is therefore punishable by the law. Public drinking may not be a common site in India; however, car-o-bar has become a simpler way to drink for youngsters.


Consuming alcohol at public places will attract a fine of Rs 5,000 and if the offender creates nuisance than the fine shall be up to Rs 10,000 with a jail term of three months.

 


Dry Days

There are some days specifically when the sale of alcohol is prohibited. Republic Day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October) are usually dry days throughout India as they are considered as the National Holidays so every state is bound to celebrate that day as a DRY DAY. Other than these, there are a few more days that are observed as dry days but are specific to the States at large depending on their occasions and events. For example- the States which hold elections observe dry day during polling. However, different States of India also have different Dry days, dependning upon a cultural/State celebration or festival.


For example, in Maharashtra, Ram Navmi, Holi, Id-Ul-Fitr, Ganesh Chaturthi, Raksha Bandhan, Christman, etc. are dry days. In Delhi, Maha Shrivratri, Buddha Purnima, Dussehra, Diwali, Guru Nanak Jayanti, etc. are dry days. 


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Dry States in India

The following is the list of the states which are known as the “DRY STATES” where there is prohibition 


GUJARAT- The sale and consumption of liquor has been banned in the State since 1960. Only the non-residents of Gujarat can apply for limited Liquor Permits.


BIHAR- A total ban on alcohol was introduced in the State from April 4, 2016.


NAGALAND- The sale and consumption of alcohol has been banned since 1989.


MANIPUR – Partial prohibition of alcohol has been observed in the State since 2002.


LAKSHADWEEP- Consumption of liquor is only permitted in the island of Bangaram.

 


Consult: Top Criminal Lawyers in India


 


Legal Age For Purchase and Drinking of Alcohol

The Constitution of India under Article 47 has empowered each state to bring out prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health, except for medicinal purpose. Each State has enacted different laws for liquor consumption and/or purchase, where some have completely banned it, others have enforced prohibition upto certain age limit.  


The permitted age prescribed by the law for consumption and purchasing of alcohol is different in each State. It is pertinent to note that there is also a difference in the legal age to purchase and the legal age to consume alcohol within a State. In a lot of States it is assumed that both the permitted ages are the same, however there exists a difference. In most states, if you're an adult you are eligible to buy liquor, however to be able to consume the same the permitted age differs from 18 years to 25 years.


Here is a list of the minimum drinking age in different states-


State/Union Territory Age limit

Andaman & Nicobar Islands 21

Andhra Pradesh 21

Arunachal Pradesh 21

Assam 25

Bihar Illegal (Total ban)

Chandigarh 25

Chhattisgarh 21

Daman and Diu 25

Dadra and Nagar Haveli 25

Delhi 25

Goa 18

Gujarat Illegal (Total ban)

Haryana 25

Himachal Pradesh 18

Jammu and Kashmir 18

Jharkhand 21

Karnataka 21

Kerala 23

Lakshadweep Illegal (except island of Bangaram)

Madhya Pradesh 21

Maharashtra 18 for Wine

21 for Beer

25 for Others

Manipur Illegal (Partial ban)

Meghalaya 21

Mizoram 21

Nagaland Illegal

Odisha 21

Puducherry 18

Punjab 25

Rajasthan 18

Sikkim 18

Tamil Nadu 21

Telangana 21

Tripura 21

Uttar Pradesh 21

Uttarakhand 21

West Bengal 21


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How can a lawyer help you?

Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding a matter governed by different State laws. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. Seeing a lawyer and getting some legal advice can enable you to comprehend your choices and can give you the certainty to enable you to determine your legal recourse if need be. An experienced attorney can give you expert advice on how to handle your issue owing to his years of experience in handling such cases. A good criminal lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. 

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