Bihar has some of the most stringent alcohol laws in India with a state wide liquor ban in place since 2016. Most people are aware that you can't buy or sell alcohol, but there's a lot of confusion as to whether the ban extends to drinking in one's own home. Does the ban only apply in public? Can you be prosecuted for drinking alcohol at home?
Under the Bihar Prohibition and Excise Act, 2016 drinking alcohol at home is an offence. The ban extends well beyond bars, restaurants and public spaces to include your own home. The state did amend its prohibition law in 2022 to alter the way certain drinking offences are dealt with, but the ban on drinking alcohol remains.
Drinking alcohol at home is not legal in Bihar. Section 37 of the Bihar Prohibition and Excise Act, 2016 (as amended in 2022) makes it an offence to consume liquor or any intoxicant at any place. It also covers the offence of being drunk or under the influence of intoxicants whether on private or public premises.
This is to say that drinking alcohol in a bedroom, an apartment, in a rented house or in a private house in no way makes it legal. The ban applies whether you're drinking on your own or with others. The ban on alcohol in Bihar is not confined to public drinking and private consumption can also be an offence.
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Bihar's prohibition law also covers the possession and storage of alcohol. It is an offence to keep bottles of whisky, rum, vodka, beer or any other form of alcoholic drink at home. The ban is not just on alcohol for sale or for commercial purposes.
You can't just go and buy liquor in another state and assume that's legal to bring into Bihar. People don't seem to appreciate that you can't purchase liquor in another state and then bring it into Bihar and be absolved of the rules. The law is regarding possession and transportation as much as it is about consumption. You could very well be in breach of the law simply for having the bottle in your possession.
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Under the 2022 amendment a person found drinking alcohol or found to be intoxicated in breach of Section 37 can be arrested and produced before an authorised Executive Magistrate. The amended provision enables a qualifying offender to be released on payment of a prescribed penalty. Payment of the penalty is not an automatic right and in the event that the penalty is not paid the law provides for a period of one month's simple imprisonment.
The Bihar Prohibition and Excise Rules, 2022(Amendment), provide for a penalty of INR 2,000 to INR 5,000 for a first-time offence of qualifying consumption. Repeat offenders may be liable to further penalties or even to imprisonment under the relevant provisions. These are alcohol consumption offences. The rules would apply to offences of possession, transportation, sale and so on which would all be subject to different and potentially more serious penalties.
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All the information in this piece has come from the Bihar Government's Prohibition and Excise Department, the Bihar Prohibition and Excise Act and its 2022 amendments and rules. That's where you'll find the details on the consumption of alcohol in one's own home, the rules on possession and carriage, the penalties and the legal ramifications of breaching the Bihar Prohibition laws.
Bihar's prohibition law makes no general exception for the consumption of alcohol in a private home. It applies regardless of whether the alcohol is being consumed at a party, in rented accommodation or in one's own home. The 2022 amendments changed the process and penalties for certain offences without in any way removing the prohibition.
For the resident and the tourist the distinction between buying, owning, transporting and consuming is of the utmost importance. Each of those activities can give rise to a separate set of legal problems under the Bihar prohibition regime. Anyone going to the state needs to be aware that alcohol which is bought legally in another part of the country cannot simply be brought into Bihar for private consumption.
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