Bill to amend Bihar’s liquor prohibition law in state assembly today: Focus shifts from consumers to traders

The Bihar Prohibition and Excise (Amendment) Bill, 2022, which aims at shifting the focus from liquor consumers to illegal suppliers and traders, is set to be tabled in the state Assembly for consideration and passage today. The amendments to the Bihar Prohibition and Excise Act, 2016, have been proposed in light of the observations made by the Supreme Court earlier that the law was enacted without considering its practical ramifications on the courts in Bihar which have been clogged with liquor law cases. 

The Indian Express reports that one of the proposals in the amendment bill pertains to first-time “drinkers”, or those found intoxicated at home or outside for the first time. As per the proposed provisions, these first-time offenders will be let off with a simple fine rather than arrest. In case the offender is unable to pay the fine, he will invite simple imprisonment of one month. However, this will not be applicable on repeat offenders, who might face additional penalty or imprisonment, or both. 

While the details on the amount of fine have not been divulged yet, it would be “reasonable” as the basic idea behind the idea is to reduce the number of liquor law cases and clogged jails, sources quoted by The Indian Express had said.

The police and excise department may also waive off the fine if the offender identifies the source of liquor purchase, the proposed amendments state.

With the state government set to shift its focus from consumers to illegal traders and suppliers, the proposed amendments also provide for the confiscation of movable and immovable assets of arrested traders. Other than the confiscation of properties of liquor traders and smugglers during trial stages, the Bill further proposes that vehicles used for liquor trade would be confiscated and later be auctioned. Smaller vehicles, however, would not be confiscated.    

Under Section 37 of the Act, the punishment for drinking is a jail term from 5 to 10 years and even life. As quoted by The Indian Express, the amendment calls for a “penalty as may be notified by the state government and failure to pay such penalty shall invite a simple imprisonment of one month”. It further says: “Provided that, in case of repeat offenders, the state government may, by notification, prescribe additional penalty or imprisonment or both”.

The amendments to the law have been proposed amidst criticism of the government by the top court for the way it implemented the law. Last month, Chief Justice N V Ramana had flagged it as an example of “lack of foresight”. He said it had resulted in the high court “being clogged with bail applications…a simple bail application takes one year to be disposed”.

As per the official data, four lakh arrests have been made since the law came into force in the state while 20,000 bail pleas are still pending. Bihar’s 59 jails have a capacity of 47,000 but now have around 70,000 inmates with almost 25,000 booked under the liquor law.