Liquor Laws In India
Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India. Laws governing alcohol vary from state to state. In India, there is no uniform law for liquor. Liquor laws also list down places where the alcohol can be sold in the States like groceries, departmental stores, banquet halls, farm house, tourist areas, beaches, houseboats etc. License is required to sell the alcohol.
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Legal age for alcohol consumption & acts governing
Following are the details of the laws, regarding 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 |
| Arunachal Pradesh | 21 | The Arunachal Pradesh Excise Act, 1993
Section 42 |
| Assam | 21 | Rule 241 and 5.10 of the Assam Excise Rule 1945 |
| Bihar | Illegal | Bihar Excise (Amendment) Bill 2016
Section 19(4) |
| Chandigarh | 25 | Punjab Excise Act,1914- SECTION 29 |
| Chhattisgarh | 21 | The Chhattisgarh Excise Act, 1915
Section 23 |
| Dadra and Nagar Haveli | 21 | THE DADRA AND NAGAR HAVELI EXCISE REGULATION, 2012
Section 24 |
| Daman and Diu | 21 | The Goa, Daman and Diu Excise Duty Act & 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 (Earlier 18 but according to the Amendment Act 10 in 1976 the age has been increased to 21) |
| Gujarat | Illegal | Bombay Prohibition (Gujarat Amendment) Bill, 2009 |
| Haryana | 25 | Punjab Excise Act,1914– SECTION 29 |
| Himachal Pradesh | 18 | THE HIMACHAL PRADESH LIQUOR LICENSE RULES, 1986 RULE- 16 |
| Jammu and Kashmir | 21 | Jammu and Kashmir Excise Act, 1958
SECTION- 50 B Jammu and Kashmir Liquor License and Sales Rules, 1984 RULE 11 |
| Jharkhand | 21 | The Bihar & Orissa Excise Act, 1915
Section 54 |
| Karnataka | 21 | Karnataka Excise Department, 1967 |
| Kerala | 18 | Abkary Act, (1 OF 1077) Section- 15A & 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 Act of1991 |
| 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 ODISHA EXCISE ACT, 2005 SECTION 61 |
| Puducherry | 18 | The Pondicherry Excise Act, 1970
Section 35 |
| Punjab | 25 | Punjab Excise Act,1914– SECTION 29 |
| Rajasthan | 18 | Rajasthan 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, 1981Section 25 rule XV |
| Telangana | 21 | Andhra Pradesh Excise Act 1968- SECTION 36 (until the new law is enforced) |
| Tripura | 21 | THE TRIPURA EXCISE ACT, 1987 SECTION 53 |
| Uttar Pradesh | 21 | United Provinces Excise Act, 1910
Section 23 (Earlier 18 but by the amendment in the year 1976 it was increased to 21) |
| Uttarakhand | 21 | United Provinces Excise Act, 1910
The Uttaranchal (The Uttar Pradesh Excise Act, 1910) Section 23 (No separate law is available of Uttarakhand) |
| West Bengal | 21 | Bengal Excise Act 1909 SECTION 51 |
Drink and Drive Law
According to Section 185 of the Motor Vehicle Act, 1988, If a person is driving a motor vehicle in a drunken state and after checking with breath-analyser it is found that the Blood Alcohol Level (BAL) is exceeding 30 mg of intake per 100 ml of blood, then that person shall be punishable with imprisonment for term which may extend to six months or with fine which may extend to two thousand rupees or with both.
Further, if within three years of the commission of similar crime, he/she repeats the same, then offender shall be punished with imprisonment for a term which may not extend to two years or with fine which may extend to three thousand rupees or with both.
Public Drinking
Public drinking is not yet a common thing in India, but if found drinking alcohol in public creates nuisance and is punishable by law. Fine for public drinking is Rs 5000 and if the offender creates nuisance than the fine may extend upto 10,000 with jail term of three months.
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Dry Days by States
Dry Day means days when sale of alcohol is prohibited. Most common dry days in every state are Republic Day (Jan 26), Independence Day ( August 15), Gandhi Jayanti (October 2) and on & around voting days.
Following are the dry days by states/UTs:
| Month | Date |
| January | 26 (Republic Day) |
| August | 15 (Independence Day) |
| October | 2 (Gandhi Jayanti) |
Andhra Pradesh and Telangana:Prohibited days are also announced when elections are held in the state.
Delhi
Every excise year, the Government of Delhi, notifies the number of Prohibited days in a year. The three national holidays—January 26, October 2 and August 15, are always prohibited days, and additional prohibited days are announced at the start of the excise year (1 July).
| Month | Date/Festival |
| January | 26 (Republic Day) |
| February | 12 (Maharishi Dayanand Jayanti), 16 (Guru Ravidas Jayanti, 24]) |
| March | Holi, Mahavir Jayanti† |
| April | Good Friday, Mahavir Jayanti† |
| May | 29 Buddha Purnima† |
| June | Buddha Purnima† |
| August | 15 (Independence Day), Krishna Janmashtami† |
| September | Krishna Janmashtami† |
| October | 2 (Gandhi Jayanti), Dussehra, Maharishi Valmiki Jayanti, Diwali† |
| November | Diwali†, Guru Nanak Jayanti, Guru Tegh Bahadur Martydom Day |
In addition to the above the following days are also prohibited days:
prohibited days are also announced when elections are held in the state.
Jammu and Kashmir
Jammu
| Month | Date/Festival |
| August | 15 (Independence Day), Krishna Janmashtami† |
| September | Krishna Janmashtami† |
| October | 2 (Gandhi Jayanti) |
| November | Guru Nanak Jayanti |
In addition to the above the following days are also prohibited days:
Prohibited days are also announced when elections are held in the state.
Prohibited days can also be declared on such days not exceeding three days during a year as may be declared by the State Government
Kashmir
| Month | Date/Festival |
| August | 15 (Independence Day), Krishna Janmashtami† |
| September | Krishna Janmashtami† |
| October | 2 (Gandhi Jayanti) |
In addition to the above the following days are also Prohibited days:
Prohibited days are also announced when elections are held in the state.
Prohibited days can also be declared on such days not exceeding three days during a year as may be declared by the State Government.
Kerala
| Month | Date |
| January | 1 26 30 (Martyrs’ Day) |
| February | 1 |
| March | 1 |
| April | 1 |
| May | 1 |
| June | 1, 26 |
| July | 1 |
| August | 1,15 Sree Narayana Guru Jayanti† |
| September | 1, Sree Narayana Guru Jayanti†, Sree Narayana Guru Samadhi |
| October | 1, 2 (Gandhi Jayanti) |
| November | 1 |
| December | 1 |
During elections, are observed the day of the vote, the day before the vote, and during vote counting.
Sundays are no longer observed as Prohibited days in the state.
Karnataka
Gandhi Jayanti (October 2) and also prohibited days are announced when elections are held in the state.
Maharashtra
This list may vary depending on the date of festivals as well as specific Prohibited day announcements by the Government of Maharashtra.
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| Month | Date/Festival |
| January | 26 (Republic Day), 30 (Martyrs’ Day) |
| May | 1 (Maharashtra Day) |
| June | Ashadi Ekadashi† |
| July | Ashadi Ekadashi† |
| August | 15 (Independence Day) |
| September | Anant Chaturdashi |
| October | 2 (Gandhi Jayanti), 8 (Siddhesh Kulkarni Birth Day) |
| November | Kartiki Ekadashi |
Prohibited days are designated on election days, plus the two days before and after the vote, and the day(s) of the count, plus one day before and one day after the counting days.
The district collector can also designate any day as a Prohibited day by giving seven days’ notice.
Rajasthan
| Month | Date/Festival |
| January | 26 (Republic Day), 30 (Martyrs’ Day) |
| March | Mahavir Jayanti† |
| April | Mahavir Jayanti† |
| August | 15 (Independence Day), Krishna Janmashtami† |
| September | Krishna Janmashtami† |
| October | 2 (Gandhi Jayanti) |
In addition to the above the following days are also Prohibited days:
Harijan Day
Prohibited days are also announced when elections are held in the state.
Tamil Nadu
| Month | Date | Festival |
| January | 15 (16 Leap year) | Thiruvalluvar Day |
| January | 26 | Republic Day |
| January (February) | Vadalur Ramalinga Adikalar Jothi | |
| February | Maha Shivaratri | |
| April | Prophet Birthday (Nabigal Nayagam) | |
| April (March) | Mahavir Jayanti | |
| May | 1 | May Day |
| August | 15 | Independence Day |
| October | 2 | Gandhi Jayanti |
| December | Eid al-Mawlid (Milad-un-Nabi) |
Prohibited days are also announced when elections are held in the state.
West Bengal
| Month | Date/Festival |
| January | 26 (Republic Day) |
| August | 15 (Independence Day) |
| October | 2 (Gandhi Jayanti) |
In addition to the above the following days are also Prohibited days:
On the day of Muharram
Dol Jatra only till 14 hours of the day
However, no dry day rule is applicable for 5-star hotels, clubs and resorts in West Bengal. Drinks may be served and consumed in those places in West Bengal even on “dry days”. Private consumption too is allowed on the said “dry days”. Only the open sale of liquor at restaurants, liquor shops and other permitted places is disallowed on those days.
For Lok Sabha or Vidhan Sabha elections, Prohibited days are declared for 48 hours prior to the close of voting, plus during the counting day(s). For Municipality, Panchayat, Municipal Corporation, or Darjeeling Gorkha Hill Council elections, Prohibited days occur on the polling day, the previous day and the counting day(s).
Andaman and Nicobar Islands
| Month | Date |
| January | 26 (Republic Day) |
| August | 15 (Independence Day) |
| October | 2 (Gandhi Jayanti) |
Retail shops are closed on every month on the 7th, which is the pay day / salary day in this union territory, and on 2nd & 4th Tuesdays of every month. Plus, a maximum of two fulls or four beers are permitted per person for sale in retail shops.
Prohibited days are also announced when elections are held in the state.
Prices
Price of alcohol varies from state to state. States like Delhi, Goa, Daman and Diu and the cheapest and states like Maharashtra have the most expensive ones.
Constitutional Perspective
Article 47 of the constitution states that “State shall Endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health”
According to Constitution, Alcohol should be used only for medicinal purposes and it prohibits the consumption as it is injurious to health. However, the law is not strict and is not abiding. Even the rich and the poor consumes it. The availability is very easy and frequent, even children can purchase it easily.
Intervention of Supreme Court
In December 2016, Apex court of India took some steps to strop crimes for drunk driving. From 1st April, Sale of liquor on all national and state highways are prohibited. No shop should be established within the distance of 500 meters from edge of highway.
Conclusion
Alcohol is bad for health but despite knowing this fact, different age groups tends to have it. Hence, there are various provisions made by every state towards its lesser consumption and its ban. The youth is our future and they are becoming addictive by alcohol consumption. The liquor consumption age should be strictly followed. In recent development in Delhi, government imposed fine on consuming liquor is public.However, we still need strict laws for alcohol in India.
