Table of Contents
Introduction
In India specifically, the sales of liquor do not fall but keep on rising with time. Alcohol is a largely consumed intoxicating substance in India. There are various types of drinks like beer, vodka, port wine, whiskey, and many more that have a considerable percentage of alcoholic content making these drinks an intoxicating substance. The liberal attitude of governments regarding the sale of alcohol is the additional tax imposed on liquor. It contributes majorly to the economy of our country. The laws relating to alcohol vary from state to state and this article discusses the legal drinking age across different parts of India.
Alcohol laws in India
Alcohol laws are not uniform in India because this subject is governed independently by the states. The Constitution of India consists of 12 Schedules out of which Schedule VII deals with the division of various subjects into three lists viz the Union list, State list, and Concurrent list. The State list contains those subjects on which the State legislatures are responsible to make laws. Item number 51 in the State list deals with ‘alcohol for human consumption’, and it empowers the state legislature to draft rules governing the business of alcoholic drinks in the state.
The legal drinking age in all states
The classification of states on the basis of the legal drinking or consuming age according to the respective alcohol laws of each state.
STATES -LEGAL AGE 18
Himachal Pradesh
In the state of Himachal Pradesh, the excise rules are exhaustively dealt with under the Himachal Pradesh Liquor License Rules, 1986. The legal consumption age of liquor is fixed at eighteen years under this legislation in the state of Himachal Pradesh.
Mizoram
Mizoram is one of the states where liquor consumption is legal at the age of 18 years. There is a penalty provision for certain unlawful acts in the Mizoram Liquor (Prohibition and Control) Bill 2014, under which Section 58(1)(b) prohibits any licensed vendor to sell or deliver liquor to any person under the age of eighteen years, whether for consumption by such person or by any some other person.
Pondicherry
Any person possessing the license to sell alcohol in the Union Territory is subject to the penalty for misconduct under the Pondicherry Excise Act, 1970. One of the penal liabilities of the license holder is to sell liquor to any person who has not attained the competent age to consume alcohol. Section 35(1)(g) of the Act prohibits the licensed vendor from selling any intoxicant to a person under the age of eighteen years. Further, it explicitly prohibits any license holder to permit or let a child below the age of eighteen years of age remain on the premises where the excisable goods are sold.
Rajasthan
The Rajasthan Excise Act, 1950 has set the lower age limit to purchase and consume alcohol at eighteen years. According to Section 22 of the Act, no person below the age of 18 years shall be given or delivered liquor or an intoxicating drug by any licensed vendor in the state. This provision applies in every circumstance whether the person is given liquor for his own consumption or for the same by any other person.
Sikkim
Sikkim is one of the few states where the legal drinking age is fixed at 18 years and any licensed vendor or his servant is not authorized to sell or deliver liquor or any drug to a person who has not attained the age of eighteen years.
STATES -LEGAL AGE 21
Andhra Pradesh
Most of the Indian states have fixed the legal drinking age at twenty-one years. Andhra Pradesh is one of those states and any person above twenty-one years of age may purchase and consume liquor legally as per the Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993.
Arunachal Pradesh
The licensed vendors or any person working on the behalf of them in the liquor stores are subject to the penalty under Section 42(1)(a) of the Arunachal Pradesh Excise Act, 1993, if they sell liquor for consumption to any person below the age of twenty-one years.
Assam
There is a provision in the Assam Exercise Rules, 1945 respect to the prohibition of the sale or delivery of any intoxicating material to a person belonging to a certain category. Section 241 of the Act talks about such prohibition and clause 5 of this provision strictly restricts any licensed vendor to sell or deliver alcohol or an intoxicating drug to a person below the age of twenty-one years.
Jammu and Kashmir and Ladakh
According to Section 50B of the Jammu and Kashmir Excise Act, 1958, any licensed vendor or any servant in his employ is liable for a penalty if he gives or sells liquor or any intoxicating drug to a person who is below twenty-one years of age. Following the Jammu and Kashmir Reorganization Act, 2019, the state of Jammu and Kashmir was made a Union Territory and a new Union Territory of Ladakh was also made. Thus, the Jammu and Kashmir Excise Act, 1958 applies to both the UTs, thus the legal drinking age in Ladakh is also fixed at twenty-one years.
Dadra and Nagar Haveli and Daman and Diu
Recently, the Union Territories of Dadra and Nagar Haveli and Daman and Diu were merged with each other under Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019. The excise laws of both the erstwhile Union Territories have been extended to be in force in those areas in respect of which they were in force immediately before the merger had taken place.
According to Section 24 of the Act, liquor shall not be sold to any person below the age of twenty-one years.
Goa
The law governing the excise regulation in Daman and Diu is the same for Goa as well. Section 19 of The Goa Excise Duty Act and Rules, 1964 has set the legal drinking age in Goa at twenty-one years
Jharkhand
The Bihar Excise Act, 1915 regulates the excise trade in the whole of the state of Jharkhand as it is an Act to amend the Jharkhand Excise Act, 1915. Section 54 of the Act penalizes any licensed vendor or any servant working on his behalf on selling or delivering the intoxicating drink to a person below the age of twenty-one years.
Karnataka
The legal drinking age in the state of Karnataka is fixed at twenty-one years
Madhya Pradesh and Chhattisgarh
The states of Madhya Pradesh and Chhattisgarh were bifurcated into two separate states in November 2000. The excise regulation of both the states even till now is controlled under the Madhya Pradesh Excise Act, 1915. As specified by Section 23 of this Act, the legal purchasing and consumption age of liquor or any other intoxicating drug is fixed at twenty-one in both Madhya Pradesh and Chhattisgarh
Odisha
The legal drinking age in Odisha was earlier fixed at twenty-five years of age. But, through an amendment, the age limit was reduced in the state. the legal age of purchasing and consuming alcohol in all parts of the state is fixed at twenty-one years
Tamil Nadu
The legal drinking age in the state of Tamil Nadu is fixed at twenty-one years. The Tamil Nadu Prohibition Act, 1937 has prescribed this age number for the consumption of both liquor and any intoxicating drug.
Telangana
According to Section 36 of this Act, no license-holder under or an employee of such holder acting on his behalf shall sell or give any intoxicant to any person apparently under the age of twenty-one or permit or suffer such person to remain in the premises where any excisable article is sold or manufactured.
Tripura
The legal drinking age in the state of Tripura is fixed at twenty-one years of age
Uttar Pradesh
Section 22 exclusively deals with the legal age question in this regard and it explicitly clarifies the legal age to purchase and consume alcohol or an intoxicating drug. According to the said provision, any licensed vendor or a servant working on his behalf shall not sell liquor or any other intoxicating substance to a person below twenty-one years of age.
Uttarakhand
It is fixed at twenty-one years of age under Section 22 of the United Provinces Excise Act, 1910.
West Bengal
As per Section 51 of this Act, if any licensed vendor or anyone in his employ acts on his behalf and sells or gives liquor or any intoxicating drug to a person who has not attained the age of twenty-one years, will be punished under the above-mentioned statute.
STATES -LEGAL AGE 25
Punjab, Chandigarh and Haryana
According to Section 29, no licensed vendor and any of his servants on his behalf shall sell or deliver the alcoholic drink or intoxicating drug to any person under the age of twenty-five years, whether for consumption by such person or by another person and whether for consumption on or off the premises of the vendor.
Meghalaya
The licensed vendors in Meghalaya are prohibited to sell or give liquor to any person below the age of twenty-five years.
Maharashtra
According to Section 18 of the Act, no licensed vendor shall sell or deliver liquor to any person who is a minor. The Act interprets the term ‘minor’ as to a person aged 21 years. However, this age limit is applicable only to beer and not every alcoholic drink. The age number that has been fixed for purchasing and consuming alcohol is twenty-five years at which it would be legal for a licensed vendor to sell or give liquor or any intoxicating drug to a suitable person.
The dry states
Bihar
Gujarat
Lakshadweep
Manipur
Nagaland
Kerala- legal age 23
Section 15A of this Act states that the consumption of liquor by a person below the age of 23 years is prohibited and Section 15B puts an obligation on the licensed seller not to sell or deliver any alcoholic drink to any person below twenty-three years of age.
MUST READ
SUICIDE CASE OF ACTRESS JIAH KHAN
HIGHEST-PAID LAWYERS IN INDIA-2023