Alcohol laws of India

The legal drinking age in India and the laws which regulate the sale and consumption of alcohol vary significantly from state to state.[1] In India, consumption of alcohol is prohibited in the states of Bihar, Gujarat and Nagaland,[2] Mizoram as well as the union territory of Lakshadweep. There is partial ban on alcohol in some districts of Manipur.[3] All other Indian states permit alcohol consumption but fix a legal drinking age, which ranges at different ages per region. In some states the legal drinking age can be different for different types of alcoholic beverage.

In spite of legal restrictions, alcohol consumption in India has risen over 72.5% over a period of 20 years (according to OECD figures) as the laws are generally not followed in a customer business relationship.[4][5] The maximum permitted ABV is 45.5%.[6]

Law

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.[7][8][9] Therefore, the laws governing alcohol vary from state to state.

Liquor in India is generally sold at liquor stores, restaurants, hotels, bars, pubs, clubs and discos but not online. Some states, like Kerala and Tamil Nadu, prohibit private parties from owning liquor stores making the state government the sole retailer of alcohol in those states. In some states, liquor may be sold at groceries, departmental stores, banquet halls and/or farm houses. Some tourist areas have special laws allowing the sale of alcohol on beaches and houseboats.

Home delivery of alcoholic beverages is illegal in Delhi.[10] However, in Delhi home delivery of beer and wine by private vendors and departmental stores is permitted.

The following list is incomplete. Please help complete the list by providing references

State/UTDrinking AgeRemarks
Andaman and Nicobar Islands21[11]
Andhra Pradesh21[11]
Arunachal Pradesh21[11]
Assam21[11]
BiharIllegalTotal ban on all alcohol since 4 April 2016[12]
Chandigarh25[13]
Chhattisgarh21[11]
Dadra and Nagar Haveli and Daman and Diu25
Delhi25Unspecified, However minimum legal age to purchase alcohol is 25.[14]
Goa21[15]
GujaratIllegalNon-Residents of Gujarat can apply for limited Liquor Permits. Banned since 1960.[16]
Haryana25[11]The Punjab Excise Act, which also extends to Haryana, prohibits establishments from employing "women in any part of such premises in which such liquor or intoxicating drug is consumed by the public".[17] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.[18]
Himachal Pradesh21[19]
Jammu and Kashmir18[20][21]
Jharkhand21[11][22][23]
Karnataka18Arrack has been banned in Karnataka since 1 July 2007.[24][25] The Karanataka Excise Department, 1967, stipulate that drinking age is 21. However, the Karnataka Excise Act, 1965, states 18 as the minimum age to purchase alcohol. The law is ambiguous and in practise many bars serve those above age 18 though a few bars refuse service to anyone below 21. [26][27]
Kerala23[28]Kerala government has planned to implement prohibition of hard liquor in 10 years.[29][3]
Ladakh18[30][21]
LakshadweepIllegal[11]Consumption is legal only on the resort island of Bangaram.[31]
Madhya Pradesh21[32]
Maharashtra21 (beer)

25 (others)

 In Maharashtra, a liquor licence obtained from a Government Civil Hospital is required to drink, although this is largely not enforced. Additionally, state legislature empowers district governments to ban alcohol entirely. As a result, three districts, Wardha, Gadchiroli and Chandrapur have imposed a total ban on the production and sale of alcohol.
Manipur21[11]Partial prohibition since 2002, prohibited in the districts of Bishnupur, Imphal East, Imphal West and Thoubal[33]
Meghalaya21[34]
MizoramIllegal[35]Banned since 2019[36]
NagalandIllegal[2]Sale and consumption illegal since 1989.[37]
Odisha21[38]
Puducherry18[11]
Punjab25[39]The Punjab Excise Act prohibits establishments from employing "women in any part of such premises in which such liquor or intoxicating drug is consumed by the public".[17] Section 30 of the Punjab Excise Act has been declared unconstitutional by the Supreme Court of India on 12 December 2007, which was responsible for not allowing women to work in such premises.[18]
Rajasthan18[40]
Sikkim18[41]
Tamil Nadu21[11]
Telangana21
Tripura21
Uttar Pradesh21[42]Section 22 [42]
Uttarakhand21[11]
West Bengal21

Drink driving law

The blood alcohol content (BAC) legal limit is 0.03%[43] or 30 mg alcohol in 100 ml blood.[44]

On 1st March 2012, the Union Cabinet approved proposed changes to the Motor Vehicle Act. Higher penalties were introduced, including fines from ₹2,000 to ₹10,000 and imprisonment from 6 months to 4 years. Different penalties are assessed depending on the blood alcohol content at the time of the offence.[45]

Dry days

Dry days are specific days when the sale of alcohol is not permitted. Most of the Indian states observe these days on major national festivals/occasions such as Republic Day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October).[46] Dry days are also observed during elections in India.[47][48]

Dry days by states and union territories

Maharashtra


MonthDateFestival
January15(Makar Sankranti)
January26(Republic Day)
March4(Maha Shivratri)
March10(Holi)
April14(Ram Navami)
April17(Mahavir Janma Kalyanak)
June2(Formation Day (Telagana))
June4-5(Eid-Ul-Fitr)
August11(Eid al-Adha / Bakrid)
August15(Independence Day), (Raksha Bhandan)
August24(Janmashtami)
September2(Ganesh Chaturthi)
September28(Muharram)
October2(Gandhi Jayanti)
October8(Dussehra)
October27(Diwali)
November9-10(Eid-Ul-Milad / Mawlid)
December25(Christmas)

Prohibited days are also announced when elections are held in the state.[49]

Delhi

Every excise year, the Government of Delhi, notifies the number of Prohibited days in a year. The three national holidays—26 January 2 October and 15 August, are always prohibited days, and additional prohibited days are announced at the start of the excise year (1 July).[50]

MonthDate/Festival
January26 (Republic Day)
February12 (Maharishi Dayanand Jayanti), 16 (Guru Ravidas Jayanti, 24])
MarchHoli, Maha Shivratri†
AprilGood Friday, Mahavir Janma Kalyanak†
May29 Buddha Purnima†
JuneBuddha Purnima†
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti), Dussehra, Maharishi Valmiki Jayanti, Diwali†
NovemberDiwali†, Guru Nanak Jayanti, Guru Tegh Bahadur Martydom Day

†Festival date may be in either month.

In addition to the above the following days are also prohibited days:

Jammu and Kashmir
Jammu
MonthDate/Festival
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti)
NovemberGuru Nanak Jayanti

†Festival date may be in either month.

In addition to the above the following days are also prohibited days:

  • Ram Navami
  • Maha Shivaratri
  • Prohibited days are also announced when elections are held in the state.
  • Prohibited days can also be declared on such days not exceeding three days during a year as may be declared by the State Government
Kashmir
MonthDate/Festival
August15 (Independence Day), Krishna Janmashtami†
SeptemberKrishna Janmashtami†
October2 (Gandhi Jayanti)

†Festival date may be in either month.

In addition to the above the following days are also Prohibited days:

Kerala
MonthDate
January1,2,3,4
February1
April1
May1
June1, 26
July1
August1,15 Sree Narayana Guru Jayanti†
September1, Sree Narayana Guru Jayanti†, Sree Narayana Guru Samadhi
October1, 2 (Gandhi Jayanti)
November1
December1

†Date may be in either month.

During elections, are observed the day of the vote, the day before the vote, and during vote counting.

Sundays are no longer observed as Prohibited days in the state.[52][53]

Karnataka

Gandhi Jayanti (2 October),[54] and also prohibited days are announced when elections are held in the state.

Maharashtra

This list may vary depending on the date of festivals as well as specific Prohibited day announcements by the Government of Maharashtra.

MonthDate/Festival
January26 (Republic Day), 30 (Martyrs' Day)
May1 (Maharashtra Day)
JuneAshadi Ekadashi†
JulyAshadi Ekadashi†
August15 (Independence Day)
SeptemberAnant Chaturdashi
October2 (Gandhi Jayanti),
October9 (Gandhi Saptah)
NovemberKartiki Ekadashi

†Festival date may be in June or July.

Prohibited days are designated on election days, plus the two days before and after the vote, and the day(s) of the count, plus one day before and one day after the counting days.

The district collector can also designate any day as a Prohibited day by giving seven days' notice.[55]

Rajasthan
MonthDate/Festival
January26 (Republic Day), 30 (Martyrs' Day)
MarchMahavir Janma Kalyanak†
AprilMahavir Janma Kalyanak†
August15 (Independence Day), ]†
September]]†
October2 (Gandhi Jayanti)

†Festival date may be in either month.

In addition to the above the following days are also Prohibited days:

Tamil Nadu
MonthDateFestival
January15 (16 Leap year)(will vary based on Tamil calender)Thiruvalluvar Day
January26Republic Day
January (February)Vadalur Ramalinga Adikalar Jothi
FebruaryMaha Shivaratri
AprilProphet Birthday (Nabigal Nayagam)
April (March)Mahavir Janma Kalyanak
May1May Day
August15Independence Day
October2Gandhi Jayanti
DecemberEid al-Mawlid (Milad-un-Nabi)
  • Prohibited days are also announced when elections are held in the state.[56]

West Bengal
MonthDate/Festival
January26 (Republic Day)
August15 (Independence Day)
October2 (Gandhi Jayanti)

In addition to the above the following days are also Prohibited days:

  • On the day of Muharram
  • Dol Jatra only till 14 hours of the day

However, no dry day rule is applicable for 5-star hotels, clubs and resorts in West Bengal. Drinks may be served and consumed in those places in West Bengal even on "dry days". Private consumption too is allowed on the said "dry days". Only the open sale of liquor at restaurants, liquor shops and other permitted places is disallowed on those days.

  • For Lok Sabha or Vidhan Sabha elections, Prohibited days are declared for 48 hours prior to the close of voting, plus during the counting day(s). For Municipality, Panchayat, Municipal Corporation, or Darjeeling Gorkha Hill Council elections, Prohibited days occur on the polling day, the previous day and the counting day(s).[57]

Andaman and Nicobar Islands
MonthDate
January26 (Republic Day)
August15 (Independence Day)
October2 (Gandhi Jayanti)

Retail shops are closed on every month on the 7th, which is the pay day / salary day in this union territory, and on 2nd & 4th Tuesdays of every month. Plus, a maximum of two fulls or four beers are permitted per person for sale in retail shops.

Prohibited days are also announced when elections are held in the state.

See also

References
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