How Bihar liquor law amendment will affect offenders
Below strain from varied teams, Bihar Chief Minister Nitish Kumar agrees to water down the present liquor legislation. A brand new invoice will likely be launched in monsoon session of Bihar Meeting later this month. (Picture: PTI)
- Nitish authorities to ease liquor legislation
- New invoice will likely be offered in monsoon session
- No provision for seizing property below new legislation
The Nitish Kumar authorities of Bihar imposed a complete ban on consumption, possession or sale of any kind of alcohol in April 2016. Liquor ban was one of many ballot guarantees made by Nitish Kumar in 2015 Meeting election. Two years down the road, Nitish Kumar, going through immense strain from varied quarters, is able to water down a number of the stringent punishments supplied within the “draconian” Bihar Prohibition and Excise Act.
The modification invoice will likely be launched within the monsoon session of Bihar Meeting starting July 20. The amended legislation will likely be much less harsh on violators, particularly the primary time offenders. Here’s what will change after new legislation is notified:
- Folks caught for the primary time consuming liquor in Bihar won’t be mandatorily despatched to jail time period. The modification offers for a wonderful of Rs 50,000 for first time offenders, who can go free after paying the penalty.
- The offender discovered drunk or consuming alcohol for the primary time must serve three months in jail if he/she fails to pay the wonderful of Rs 50,000.
- The primary offence below the Bihar liquor legislation is non-bailable. After modification is handed by Bihar Meeting and notified, it’ll turn into a bailable offence.
- The modification will apply to previous instances which are pending and even these involving convictions. Because of this the first-time offenders will stroll out of jail in three months’ time of paying a wonderful of Rs 50,000.
- The brand new legislation proposes to scale back the quantum of punishment for repeat and different offenders. An individual discovered consuming alcohol for the second-time and subsequent offenders will face imprisonment from two to 5 years.
- For these discovered responsible of producing or sale of liquor will face imprisonment upto two years in case of first-time offenders. However within the case of repeat offenders, the punishment is a minimal jail time period of 10 years.
- The modification invoice removes the availability for seizing property (land, home) or automobile if liquor is discovered on any premises.
- Equally, the brand new legislation doesn’t have the availability for the arrest of all family members if some is discovered consuming alcohol inside a house.
- One other provision, which requires imposing collective wonderful as punishment within the case of restoration of giant amount of liquor in an space, is being finished away with.
- The prevailing legislation has been challenged by many petitioners. The matter is being presently heard within the Supreme Court docket.
The 2016 liquor legislation says:
- Retaining liquor at house is prohibited
- Bringing liquor into Bihar isn’t allowed
- Canteens manitained by Defence institutions exempted
- No exemptions for foreigners
Additionally Learn | Chief Minister Nitish Kumar eases liquor legal guidelines in Bihar