Consumption of alcohol in car as a passenger
Is it crime or against any law the consumption of Alcohol in a running or parked car while travelling as passenger?
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.
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.
Book a phone consultation with a top-rated lawyer on Lawfarm.