Bihar Prohibition and Excise (Amendment) Bill, 2018

 With a view to dilute the stringent laws associated liquor consumption, manufacture and sale, the Bihar state assembly has passed Bihar Prohibition and Excise (Amendment) Bill, 2018 with 16 amendments to dilute some of stringent provisions in Bihar. 

Background :-

On 2nd Oct, 2016 the state goverment notified a fresh BIhar Prohibition and Excise Act, 2016 providing for more stringent punishments to the sale and consumption. The punishment included a life time jailimprisonment and fine up to Rs 10 Lakhs.

Recently the Nitish Kumar Government was given nod by the SC to bring out amendments into the provisions to make it a litlle less stringent. 

Changes made:-

In order to make the punshiments less stringent the following are the few amendements :-

• No mandatory jail term for first-time offence in case of consumption of liquor.
•  If found drunk or drinking for first time, person will have to pay fine of Rs. 50,000 or serve 3 month jail term.
• Subsequent offence person can get jail term of one-five years and fine of upto Rs 1 lakh.
• .Habitual drinker will be no longer externed from his district for two-six months.
• The Bill scraps provision allowing arrest of all adult members of family in case one of them is found to be drinking or storing liquor in the house.Henceforth, no house or vehicle will be confiscated from where liquor is seized. (But shops, land, hotels, buildings, restaurants can be seized in case they are found to be storing liquor.)
• The Bill also watered down penal provision for first-time offenders who store, manufacture or sell liquor from 10-year jail term and Rs 10 lakh fine to 5 year jail term and Rs 1 lakh fine.
• The Bill does not give relaxation in case of bootleggers.

However, it is clear that the entire Section 38 of the Act is being deleted mainly because of punishment provisioned for having 'any knowledge about possession or storage' and not informing the government about it and the fact that it makes the entire family liable for the violation. It would be very difficult for the prosecution in such cases to prove the violations, and also the provisions are liable to be misused.

Also on the chopping block is also Section 66 of the Act, which empowers the district magistrate or collector to expel notorious or habitual offenders from the district for a maximum period of six months. The section includes clauses that could be used to make such a person notify his movements to the authorities. 

By: Shashank Shekhar