Anil Verma
Asked March 24, 2017

Consumption of alcohol in car as a passenger

  • 3 Answers

Is it crime or against any law the consumption of Alcohol in a running or parked car while travelling as passenger?

Answers 3

You will have to get license to keep and drink alcohole from the concern state exise department. So that it will be legal and validate for you.

Agree Comment 0 Agrees over 3 years ago

It is not a crime unless and until you exceed the quantity permitted by law.

Agree Comment 0 Agrees over 3 years ago

If the alcohol level is less than 30 mg per 100 ml of blood, then it doesn’t amount to as an offence. If your care is parked at a public place then you can be charged under Sec 268 of Indian Penal Code, for causing public nuisance after consumption of alcohol. Eg- in Kerala, as per the state liquor law drinking alcohol in public places is an offence.


States like Bihar and Gujarat, Consumption of alcohol why the co- passenger will be considered an offence. On October last year(2016), Delhi imposed a fine of 5000 on people found drinking outside liquor.   


According to the Section 185 of the Motor Vehicles Act, 1988: The Drunken Driving Law in India states that if a person while driving a motor vehicle, has a Blood Alcohol Level (BAL) exceeding 30 mg of intake per 100 ml of blood which is detected with the help of a Breathalyzer, that particular offender, whether he or she shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.


In a many states the traffic police have used Section 109 of the Indian Penal Code which deals with abetting a crime to collaborate with  Section 185 of Motor Vehicles Act to make the co-passengers liable of punishment for “abetting the crime” if they knew the driver was drunk.


Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.