Provisions Related to the Permit of Alcohol

• Alcohol Laws in India

Alcohol laws in India   are a strange piece of legislation the laws governing liquor consumption in India lacks uniformity. We all know that alcohol is the most commonly used intoxicant among the people of not only our country but throughout the world.

In India the legal drinking age and laws governing. Alcohol which regulate the sale and consumption of alcohol very significantly from state to state. They vary because the subject of  alcohol is included in the state list which comes under the seventh schedule of the constitution of India, the sale of alcohol usually takes place at liquor stores, restaurants, hotels, bars, pubs, clubs and discos. 

The alcohol laws not only prescribe the drinking age but also list down the places where alcohol can be sold and these also varies from state to state. For example, in some states, liquor may be sold at groceries, departmental stores, banquet halls and farm houses. Some tourist areas have special laws allowing the sale of alcohol on beaches and houseboats

• Different Criteria for Ages in Different States

In india there is a different legal age of every state. this variation in law have resulted in difference between consumption age and purchasing age. consumption age is the age when an individual can legally consume the alcohol. purchasing age is the age at which an individual can be sold alcohol by the license holder. the minute difference is generally overlooked by the authorities.

These differences have resulted in lot of confusion and has made the enforcement of respective laws futile. For example a person in Maharashtra is buying alcohol than he needs to be a major (i.e. above 18); as per Bombay prohibition Act, 1949-SECTION 18; however he cannot consume the alcohol, because the consumption age in Maharashtra is 25 (as per Bombay prohibition Act, 1949-part VI-A Rule 70D). such a law becomes difficult to enforce as there are very limited ways to ensure that any person who is under 25 do not consume the alcohol. Even if he is caught with alcohol he cannot be punished if he is above 18.

To make the situation more complicated some states like Maharashtra have imposed license requirement. So if an individual wants to buy alcohol he first need to get a license from the government. He needs to show that license to the vendor before making a purchase. Such a process has further increased the possibility of harassment by the authorities.

In Karnataka as per Karnataka excise department, 1967 legal age of drinking is 21 however as per the Karnataka Excise Act, 1965 section 36 legal age to purchase alcohol is 18 years. In many states the act were silent about either about the valid drinking age or purchasing age. In such a situation, for the purpose of convenience it is assumed that the both age is same.

Following is the table which gives the details of the laws, regarding the alcohol consumption of various states of India

State/UT	Drinking age	Legislation acts
Andaman and Nicobar islands	18	Andaman and Nicobar islands excise Regulation 2012 Section 24 Excise policy RULE 14
Andhra Pradesh	21	The Andhra Pradesh(Regulation of wholesale trade and distribution and retail trade in Indian liquor, foreign liquor, wine and beer) Act, 1993 Andhra Pradesh Excise Act 1968-SECTION 36
Bihar	Illegal	Bihar Excise (Amendment) Bill 2016 Section 19(4)
Chandigarh	25	Punjab Excise Act, 1914-SECTION 29

 

Dadra and Nagar Haveli	21	THE DADRA AND NAGAR HAVELI EXCISE REGULATION, 2012 Section 24
Daman and Diu	21	The Daman and Diu Excise Act and Rules 1964 Section 19
Delhi	25	Delhi Excise act, 2010-section 23   Delhi Liquor License Rules, 1976
Goa	21	The Goa excise duty act and rules 1964 Section 19
Gujrat	illegal	Bombay Prohibition(Gujrat amendment) Bill, 2009
Haryana	25	Punjab Excise Act, 1914-SECTION 29
Karnataka	21	Karnataka Excise Department 1967
Kerala	18	Abkary Act (1 of 1077) section 15A and 15B
Lakshadweep	illegal	N/A
Madhya Pradesh	21	The Madhya Pradesh Excise Act 1915 Section 23
Maharashtra	No limit (wine) 21(beer) 25(other)	Bombay prohibition act 1949 Part VI-A rule 70D
Manipur	Illegal	The Manipur liquor prohibition of 1991
Meghalaya	25	EASTERN BENGAL AND ASSAM ACT, 1910
Mizoram	18	Mizoram Liquor(prohibition and control)Bill 2014 Section 58
Nagaland	Illegal	Nagaland Liquor Total Prohibition Act, 1989
Orissa	21	THE ORISSA EXCISE ACT 2005 SECTION 61
Puducherry	18	The Pondicherry Excise act, 1970 Section 35
Punjab	25	Punjab excise act 1914-section 29
Rajsthan	18	Rajsthan excise act 1950, section 22
Sikkim	18	THE SIKKIM HOME GUARDS BILL,1992(bill no. 1 of 1992) SECTION 20
Tamil Nadu	21	Tamil Nadu Liquor(license and permit)Rules,1981 Section 25 Rule XV
Telangana	21	Andhra Pradesh Excise Act 1968-Section36
Tripura	21	THE TRIPURA EXCISE ACT 1987, SECTION 53
Uttar Pradesh	21	United provinces Excise Act 1910 Section 23
Uttrakhand	21	United provinces Excise Act 1910 THE UTTARANCHAL( The Uttar Pradesh Excise Act 1910) SECTION23
West Bengal	21	Bengal Excise Act 1909 Section 51

 

Arunachal Pradesh	21	Arunachal Pradesh Excise Act, 1993 Section 42
Assam	21	Rule 241 and 5.10 of the Assam Excise Rule
Chhattisgarh	21	The Chhattisgarh Excise Act, 1915 Section 23
Himachal Pradesh	18	THE HIMACHAL PRADESH LIQUOR LICENSE RULE, 1986 RULE 16
Jammu and Kashmir	21	Jammu and Kashmir excise act 1958 Section 50 B Jammu and Kashmir liquor license and sales Rule, 1984 RULE 11

 

Jharkhand

21

The Bihar and Orissa Excise Act 1915   Section 54

 

From the above table we can see the huge variations that are practiced by different states for keeping legal age of consumption of alcohol. But apart from this there are more concepts and terms related to alcohol laws in India which also needs to be learnt for through understanding of the topic.

Some of the terms related to the alcohol laws in India can be started as follows:

• DRINK AND DRIVING LAW

According to the section 186 of the motor vehicles Act, 1988

The drunken driving law in India states that if a person while driving a motor vehicle, has a blood alcohol level (BAL) exceeding 30 mg of intake per 100 ml of blood which id detected with the help of a breathalyzer, that particular offender, whether he or she 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 commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.

• 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 stare is bound is to celebrate that day as a DRY DAY

• DRT STATES IN INDIA

There are some states which are known as dry states in which the sale of alcohol in any form is totally banned to the living inhabitants.

The following is the list of the states which are known as 

• DRY STATES

GUJRAT- Bombay prohibition(Gujrat Amendment Bill), 2009 was passed in 2011 by the asset of the Government of Gujrat.

BIHAR – with the passing of the BIHAR EXCISE (AMEDMENT) BILL 2016 THE AND POSSESSION OF THE LIQUOR WAS PROHIBIT. 

NAGALAND – The sale of consumption of alcohol was banned by passing Nagaland Liquor Total Prohibition Act (NLTP) in 1989. 

LAKSHADWEEP 

MANIPUR – The north eastern state, Manipur imposed ban on the sale and consumption of liquor by passing the Manipur Liquor Prohibition Act of 1991.