New Bihar liquor law has harsh provisions for unlawful ads

In addition to the harsh provisions like arrest of all adults if a liquor bottle is found from a house and collective fine, the new liquor law which came into effect in Bihar on Sunday provides for jail term of upto five years and Rs 10 lakh penalty for unlawful advertisement in any media.

"Whoever prints, publishes or gives an advertisement directly or indirectely in any media, including films and televisions or any social platform, soliciting the use of any liquor or intoxicant, shall be punishable with imprisonment for a term which shall not be less than three years, which may extend to five years or with fine which may extend to Rs 10 lakh, or with both," the Act said.

The penal provision is illustrated in clause 40 of the Bihar Prohibition and Excise Act, 2016 that came into force on Sunday.

There are 100 clauses in the new Act to prevent sale and consumption of liquor, India Made Foreign Liquor (IMFL) as well as spiced and domestic liquor.

The new liquor law has provisions of life imprisonment for dealing in spurious liquor and employing minors or women in illegal liquor trade.

The notification of the Act replacing the previous one struck down by the Patna High Court also has harsh penal provision for the boss of a company if offence is committed in its premise.

The Act has penalty for allowing premises for commission of the offence.

"Whoever, whether being a licensee under this Act or otherwise and having the control or use of any house, room, enclosures, space, animal or conveyance knowingly permits it to be used for commission of any other person of an offence punishable under any provision of this Act shall be punishable in the same manner as if he had himself committed the offence," the clause 47 said.

Yet another condition stated that if any person, previously convicted of an offence punishable under this Act, subsequently commits another offence under the Act and is convicted, that person shall be liable to twice the punishment provided for the first conviction.

It also has provision for confiscation of any animal, vehicle, vessel or any other conveyance used for carrying intoxicants, liquor and, material for committing the offence.