Bihar Prohibition and Excise Act, 2016

What does the act say about alcohol prohibition?

In Section 13, the act states that nobody is allowed to “manufacture, bottle, distribute, transport, collect, store, possess, purchase, sell or consume” any liquor or any other intoxicating material. However, the state government may provide permits to certain persons or businesses to continue “manufacturing, blending, compounding, bottling”, storing, importing and exporting such substances if they already possess a license.

The act also outlaws the import, export or transport of any intoxicating substances into, out of, or through the state without a valid permit and a duty fee.

No new licenses will be issued to any “manufactory, distillery, molasses manufactory, brewery, bottling plant” or similar establishments under this act. It also notes that any person or firm that has been granted a license or permit before is not entitled to have it renewed automatically, as a matter of right.

What offences and penalties does the act outline?

According to the act, unlawful manufacture or sale of alcohol (and all activities associated with it) is punishable with imprisonment for not less than ten years and may extend to imprisonment for life. Punishment will also include a fine of at least one lakh rupees which may extend up to ten lakh rupees. Other than manufacture and sale, other unlawful offences listed under Section 30 of this act include cultivation of the hemp plant; construction or establishment of a brewery, distillery or similar set-ups; and possession of material or apparatus used in manufacture of intoxicating substances.

Section 32 establishes a presumption of guilt for possession of liquor or related materials if the accused cannot provide a satisfactory explanation. It further states that when any liquor or toxicant is found, all adults above the age of eighteen working or living on those premises (whether it is a place of manufacture or home) shall be presumed to have knowledge of offences committed.

The act also outlines penalties for mixing noxious substances with liquor which are likely to cause grievous hurt, disability or death to people. Any such action that causes death is punishable under this act with death or imprisonment for life and also liable to a fine not less than five lakh rupees extending to ten lakh.

What does the act say about the consumption of liquor?

The act declares consumption of liquor an offence. It states that offences can fall under any of four clauses:

a. consumption of liquor or intoxicant in any place;

b. being found drunk or in a state of drunkenness at any place;

c. drinking and creation of nuisance or violence at any place including the person’s own house or premises; and

d. permitting or facilitating drunkenness or allowing assembly of drunken elements in a person’s own house or premises.

Any offences falling under clauses a or b shall be punishable by imprisonment for five to seven years and a fine of one to ten lakh rupees. Offences categorised under clauses c and d shall be punishable by imprisonment for not less than ten years but may extend to imprisonment for life. The punishment for these will also include a fine of one to ten lakh rupees.

What powers do officials have under this act?

If the collector-cum-district magistrate is satisfied that a person has suffered death or injury due to consuming liquor sold in any place, Section 42 of the act empowers them to order the manufacturer and/or seller of the liquor to pay compensation regardless of conviction of any offence. In case of death, this compensation, paid to legal heirs, shall not be less than four lakh rupees. If grievous hurt has been caused, the compensation will be two lakh rupees paid to the person affected. For any other consequential injury, the compensation shall be twenty thousand rupees.

If confiscated items are likely to spoil quickly or if it is believed that selling it would be in the interest of the public or the owner, an authorized officer or court can decide to sell the items  and order the proceeds to be deposited with the government. If the seized items are likely to decay quickly or are of no great value or can be misused, the collector or the concerned officer can also order them destroyed.

Officers listed under this provision have the authority (subject to restrictions outlined by the state government) to enter, inspect, and search any place without a warrant and seize any document, animal or item of concern. They also have the authority to ask individuals to undergo breath analysis tests and/or other medical examinations they deem necessary. A person failing to undergo such a test shall be presumed to have committed an offence.

All offenses under this act are considered cognizable and non-bailable.

Focus and Factoids by Adrija Bhadra.