Caught Drinking in Bihar: What Happens After a First Offence of Consumption

Consumption is still an offence

Consumption of liquor remains an offence in Bihar under the Bihar Prohibition and Excise Act, 2016, including for visitors from other states and abroad. What has changed is how a first offence of consumption is dealt with.

The 2022 amendment

The 2022 amendment allows a person found to have consumed liquor for the first time to be released on payment of a fine, in the manner and before the authority the amended Act provides, instead of being sent to jail and tried in the ordinary way. If the fine is not paid, the person may be sent to simple imprisonment for the period the Act provides. Repeat offences of consumption are punished with fine and imprisonment.

Breath and medical tests

Consumption is usually established by a breath-analyser test and a medical examination. The time of the test, the device used, and whether the result was recorded properly are relevant if the allegation is disputed. A person may ask for a medical examination by a doctor.

Consumption is different from possession

If liquor is also found in the person's possession, vehicle or premises, the case is no longer only about consumption. Possession, transport and sale carry heavier punishment and different bail considerations.

Practical points

• Do not sign any document you have not read
• Note the time and place of the test, and ask for a copy of any record
• Keep the receipt if a fine is paid
• Take legal advice if possession or a vehicle is also involved