Legal Drinking age and Dry Days in India
Alcohol laws in India
The legal age of purchasing and consuming alcoholic beverages vary from state to state in India. In some states, the consumption of alcohol is totally prohibited and in some states, the legal age for consumption varies from 18 to 25. It is because of the subject of alcohol comes under the Entry 8 of State List of VII Schedule under the Constitution of India.
In India, Liquor generally sold at bars, liquor stores, restaurants, and hotels. But in the state of Kerala, there has been a complete monopoly of the state as far as the selling of liquor is concerned. The private owners are not allowed to sell liquor in Kerala and therefore, the state has become the sole retailer of liquor in the state.
Some states have totally banned the purchase and consumption of alcohol such as Gujarat, Bihar, Nagaland and union territory of Lakshadweep and Manipur. While some states banned alcohol consumption in some districts such as Manipur. However, most of the Indian states permit the purchase and consumption of alcohol under the state’s rules & regulation.
States / Union Territories | Legal Drinking Age | Statutes / Acts / Legislation |
Andaman and Nicobar Islands | 18 | Section 24 of Andaman and Nicobar Islands Excise Regulation, 2012
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Andhra Pradesh | 21 | Andhra Pradesh Excise Act, 1968 The Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993
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Arunachal Pradesh | 21 | Section 42 of the Arunachal Pradesh Excise Act, 1993
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Assam | 21 | Rule 241 of Assam Excise Rule, 1945 |
Bihar | Illegal | Section 19(4) of Bihar Excise (Amendment) Bill 2016
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Chandigarh | 25 | Section 23 of Punjab Excise Act, 1914 |
Chhattisgarh | 21 | Section 23 of the Chhattisgarh Excise Act, 1915
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Dadra and Nagar Haveli | 21 | Section 24 of the Dadra and Nagar Haveli Excise Regulation, 2012
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Daman and Diu | 21 | Section 19 of the Goa, Daman and Diu Excise Duty Act & Rules 1964
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Delhi | 25 | Section 23 of Delhi Excise Act, 2010 Delhi Liquor License Rules, 1976
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Goa | 21 | Section 19 of the Goa Excise Duty Act and Rules, 1964 (Earlier 18 but according to the Amendment Act of 1976, the age has been increased to 21)
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Gujarat | Illegal | Bombay Prohibition Act, 1949
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Haryana | 25 | Section 29 of Punjab Excise Act, 1914 |
Himachal Pradesh | 18 | Rule XVI of the Himachal Pradesh Liquor License Rules, 1986
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Jammu and Kashmir | 21 | Section 50 B of Jammu and Kashmir Excise Act, 1958 Rule XI of Jammu and Kashmir Liquor License and Sales Rules, 1984
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Jharkhand | 21 | Section 54 of the Bihar & Orissa Excise Act, 1915
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Karnataka | 21 | Karnataka Excise Department, 1967
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Kerala | 18 | Section 15A & 15B of Abkari Act (1 of 1077) |
Lakshadweep | Illegal | Bombay Prohibition Act, 1949 |
Madhya Pradesh | 21 | Section 23 of the Madhya Pradesh Excise Act, 1915
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Maharashtra | 21 (Beer and Wine) 25 (Hard Liquor) | Section 18 and Rule 70D of the Bombay Prohibition Act, 1949 |
Manipur | Illegal (In some districts) | The Manipur Liquor Prohibition Act, 1991
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Meghalaya | 25 | Eastern Bengal and Assam Act, 1910
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Mizoram | 18 | Section 58 of Mizoram Liquor (Prohibition and Control) Bill, 2014
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Nagaland | Illegal | Nagaland Liquor Total Prohibition Act, 1989
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Odisha | 21 | Section 61 of the Odisha Excise Act, 2005 |
Puducherry | 18 | Section 35 of the Pondicherry Excise Act, 1970
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Punjab | 25 | Section 29 of Punjab Excise Act, 1914 |
Rajasthan | 18 | Section 22 of the Rajasthan Excise Act, 1950 |
Sikkim | 18 | Section 20 of the Sikkim Home Guards Bill, 1992
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Tamil Nadu | 21 | Section 25 of Tamil Nadu Liquor (License and Permit) Rules, 1981
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Telangana | 21 | Section 36 of Andhra Pradesh Excise Act, 1968
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Tripura | 21 | Section 53 of the Tripura Excise Act, 1987 |
Uttar Pradesh | 21 | Section 2 of the United Provinces Excise Act, 1910 (Earlier 18 but by the amendment in 1976 it was increased to 21)
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Uttarakhand | 21 | Section 2 of the United Provinces Excise Act, 1910
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West Bengal | 21 | Section 51 of the Bengal Excise Act, 1909
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Analysis: Legal Drinking Age in the India States
The permitted legal drinking age varies from state to state and in some states, even the purchasing of alcohol and consumption of alcohol age is also different. These rules and regulations create confusion results difficulty in implementing the laws relating to the consumption of alcohol. In many states, the act was silent about either about the valid drinking age or purchasing age. In such a situation, for the purpose of convenience, it is assumed that both the age is the same.
- Legal Drinking Age in Maharashtra
The legal age for consumption of alcohol (hard Liquor) is 25 and for purchasing the alcohol is 18.[1] The legal drinking age for wine and beer consumption is 21 and for other intoxicants or hard liquors, the legal age is 25. There are three districts in Maharashtra in which consumption and selling of alcohol have been totally banned i.e. Wardha district, Gadchiroli district, and Chandrapur district.
- Legal Drinking Age in Karnataka
The legal drinking age in Karnataka as per Karnataka Excise Department, 1967 legal is 21, however as per Section 36 of the Karnataka Excise Act, 1965 legal age to purchase alcohol is 18 years.
- Legal Drinking Age in Uttar Pradesh
Initially, the legal drinking age in Uttar Pradesh was 18 under the United Provisions Excise Act, 1910 but later it was changed by the amendment act, 1976 in UPA act and raised the drinking age 18 to 21.
Lists of Dry States In India
There are some states in which the sale and purchase of alcohol are completely banned, hence they are called “The Dry States”. The following states are known to be the Dry States-
- Gujarat – The Bombay Prohibition Act was enforced after the demise of the Mahatma Gandhi in 1949 in Bombay state. After bifurcation in 1960, the Act was enforced in both states. However, Maharashtra issues licenses for distribution and sale of alcohol, but in Gujarat, the act is still in force. Bombay Prohibition (Gujarat Amendment) Act was enforced in 2009 which prohibits the manufacture, selling, buying or distributing of spurious liquor i.e. Laththa and makes it a punishable offence.
- Bihar – Section 19 (4) of Bihar Excise (Amendment) Act 2016 has imposed a complete ban on selling and purchasing of alcohol in Bihar.
- Nagaland
- Lakshadweep
- Manipur
Dry Days in India
Dry Days are the days when selling of alcohol is prohibited in every state and union territory of India regardless of different legislations. On the occasions of Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2), dry days are observed every year in India. Voting days are also observed as dry days. There are also other festivals and celebrations in India which are considered as Dry Days.
[1] Maharashtra Prohibition Act of 1949.
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