Offences Related To Alcohol

06 Nov 2025 --
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Offences Related to Alcohol

Alcohol-related offences typically arise under three broad categories:

Consumption-related offences

Possession, sale, and distribution offences

Driving under the influence (DUI) / public nuisance offences

1. Consumption-Related Offences

Consumption of alcohol is regulated under state-specific laws like the Prohibition Act in states like Gujarat, Bihar, and Nagaland. Drinking in prohibited areas or underage drinking is an offence.

Example: Section 30 of the Bihar Prohibition Act, 1950 penalizes consumption, possession, or transportation of liquor.

Penalty: Imprisonment and/or fine.

Case Law: State of Bihar vs. Ramanand Singh (1967)

Facts: The accused was caught consuming liquor in violation of the Bihar Prohibition Act.

Issue: Whether simple consumption constitutes an offence.

Decision: The court held that consumption itself is an offence under the Prohibition Act, irrespective of the quantity. It reinforced that prohibition laws are strict liability offences, meaning intention is irrelevant.

2. Sale and Distribution of Alcohol

The sale or supply of alcohol without a license is a serious offence.

Relevant Section: Section 53 of the Bombay Prohibition Act, 1949; Section 30 of the Bihar Prohibition Act.

Penalty: Heavy fines and imprisonment; repeat offences lead to enhanced penalties.

Case Law: Ramesh Chandra vs. State of Bihar (1978)

Facts: Ramesh Chandra was operating an unlicensed liquor shop.

Issue: Whether selling liquor without a license is punishable.

Decision: The court observed that licensing provisions are mandatory. Selling liquor without license is illegal even if it’s for personal benefit or small scale. Conviction upheld, showing strict enforcement.

Case Law: State of Maharashtra vs. Dhanraj Kalyani (1981)

Facts: The accused was involved in transporting liquor illegally across state borders.

Issue: Does interstate transport of liquor without license constitute an offence?

Decision: The court held that transporting liquor without proper authorization is illegal under the Maharashtra Prohibition Act. The reasoning was to prevent unregulated supply that may lead to public disorder.

3. Drinking and Driving Offences

Driving under the influence of alcohol is regulated under:

Section 185 of the Motor Vehicles Act, 1988

Offence: Driving a vehicle with blood alcohol content (BAC) above prescribed limits.

Penalty: Imprisonment up to 6 months, fine, or both.

Case Law: State of Punjab vs. Gurpreet Singh (2004)

Facts: Gurpreet Singh was caught driving with BAC exceeding legal limit.

Issue: Whether BAC above the limit automatically attracts liability.

Decision: Court held that presence of alcohol above prescribed limits is prima facie evidence of offence. No further proof of negligence is needed.

Case Law: Ratan Lal vs. State of Delhi (2007)

Facts: Accused was involved in an accident while intoxicated.

Issue: Is mere consumption enough, or must the intoxication cause accident?

Decision: Court clarified that under Section 185, simply exceeding the BAC limit is sufficient for conviction, irrespective of whether an accident occurred.

4. Public Nuisance and Disorderly Conduct

Alcohol may also give rise to offences under:

Section 268 IPC (Public Nuisance)

Section 269 IPC (Negligent act likely to spread infection, relevant in context of alcoholism in public spaces)

Section 279 IPC (Rash driving while intoxicated)

Case Law: Ramesh Kumar vs. State of UP (1995)

Facts: The accused caused public disturbance in a market while drunk.

Issue: Whether drunkenness itself constitutes public nuisance.

Decision: Court held that public drunkenness causing annoyance to others falls under Section 268 IPC and attracts punishment.

Case Law: Mohan Lal vs. State of Rajasthan (1999)

Facts: The accused, while drunk, assaulted a person in a public place.

Issue: How intoxication affects criminal liability?

Decision: The court emphasized that voluntary intoxication is not a defence. Criminal liability is retained unless it leads to temporary insanity (extremely rare).