Legal Drinking Age in India

The legal drinking age in India varies widely from state to state, reflecting the country's diverse cultural and regulatory landscape. While some states allow alcohol consumption at 18, others set the minimum age at 21 or even 25. Understanding these age restrictions is crucial for individuals and businesses alike, as non-compliance can result in significant fines and legal issues.

In this guide, we delve into the legal drinking age across different Indian states, explore the regulations governing alcohol consumption, and examine the penalties for violations.

State-wise Legal Drinking Age and Associated Penalties

As the authority to legislate concerning alcohol consumption rests with the State, the legal drinking ages vary accordingly. It varies from 18 years to 25 years. Following is a detailed explanation concerning the legal age for drinking and the punishment for the consumption of liquor.

States Where Drinking Is Totally Banned

There are certain States in India that have imposed complete prohibitions on the sale and consumption of alcohol. These States are as follows:

• Bihar:
  • Legislation: The Bihar Prohibition and Excise Act, 2016
  • Details: Section 13 bans the manufacturing, bottling, distribution, transportation, collection, restoration, possession, purchase, sale, and consumption of any intoxicant and liquor.
  • Penalty: Imprisonment for not less than ten years, which may extend to life imprisonment, and a fine not less than one lakh rupees but which may extend to ten lakh rupees.
• Gujarat:
  • Legislation: The Gujarat Prohibition Act, 1949
  • Details: Bans the manufacturing, import, export, transport, possession, sale, buy, and consumption of liquor.
  • Penalty: Fine and/or imprisonment.
• Manipur:
  • Legislation: The Manipur Liquor Prohibition Act, 1991
  • Details: Section 3 prohibits the transportation, import, possession, sale, and manufacture of liquor, with exceptions for medicinal, scientific, and industrial purposes.
  • Penalty: Imprisonment or fine, or both.
• Nagaland:
  • Legislation: The Nagaland Liquor Total Prohibition Act, 1989
  • Details: Section 3 declares Nagaland as a dry state, banning all liquor except for medicinal, scientific, and industrial purposes.
  • Penalty: Imprisonment or fine, or both.
• Lakshadweep:
  • Legislation: Consumption of liquor is not permissible except on the resort island of Bangaram.
  • Details: A draft bill has been proposed to permit liquor consumption on the islands, but currently, consumption is banned except at Bangaram Island.

Legal implication and penalties for consumption of alcohol in India

There are certain legislations in some States that do not provide the punishment for consumption of alcohol in public places. In the absence of any specific provisions, Section 510 of the Indian Penal Code, 1860 will be applicable. Section 510 provides for misconduct in public by a drunken person. It prescribes that when a drunken person conducts himself in a manner to annoy any person, he shall be liable to be punished with simple imprisonment for a term which may extend to 24 hours, or with a fine which may extend to Rs. 10, or with both. It is a non-cognizable and bailable offence.

Penalties for a minor for consumption of alcohol:

There is no specific provision that provides for penalties imposed on minors who are not eligible to consume alcohol as per the laws of the State. However, laws dealing with particular States provide for the penalties to be imposed on a person who sells alcohol to a minor.

At the Union level, Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides for punishment to be imposed on a person who provides intoxicating liquor to a minor. It provides that whoever gives or causes to be given any child any intoxicating liquor, except on the order of a duly qualified medical practitioner, shall be liable to be punished with rigorous imprisonment for a term which may extend to 7 years and shall also be liable to a fine which may extend upto Rs. one lakh.

Frequently Asked Questions

Q1. Is public drinking legal in India?

Public drinking is generally illegal in India. Consuming alcohol in public places can lead to fines or legal action, as each state has its regulations regarding alcohol consumption.

Q2. Is it legal to carry alcohol in India?

Carrying alcohol is legal in India, but the amount allowed varies by state. It is crucial to comply with local laws, as carrying alcohol across state borders might require a permit.

Q3. What is the legal age for drinking in India for girl?

The legal drinking age for both girls and boys in India varies by state. It can be as low as 18 or as high as 25, depending on the specific state laws.

Q4. Can you go to jail for drinking under 21 in India?

Drinking under the legal age can result in penalties, including fines or jail time, depending on the state. Enforcement of these laws varies by region.

Q5. Is the legal drinking age 21 or 25?

The legal drinking age in India varies by state. In some states, it is 21, while in others, it is 25. Always check local laws before consuming alcohol.