BBA LLB 05 July 2021

Alcohol consumption

Hello Si/Ma'am,

If a person has two of his friends at the back seat of his car, and both the guys are consuming alcohol while the vehicle is at hault near a public park, can police arrest the drinkers since they're at/near a public place?

I want to understand the concept actually, because, initially they are sitting and consuming alcohol in their personal property (friends car), and in fact the driver (owner of the vehicle) is not under influence of alcohol. So can this fact or personal/private property be applied in such a scenario? Can anyone suggest if it is practical and applicable.

Thank You

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2 Replies

Mohit Siwach 07 July 2021

drinking in public palace is offence in india

Kevin Moses Paul 07 July 2021

As per your doubt, let me tell you that a car parked on a public road or a public parking space will be considered as being in a public place, and as consuming alcohol in public places is banned under the law, the vehicle can be seized and everyone involved in drinking liquor can be arrested.
In India, drinking (consuming alcohol) in public places is a serious crime. Since, consumption of alcohol tends to create nuisance it is an offence punishable by law. Consumption of alcohol at public places may lead the offender to a hefty fine of Rs. 5,000, moreover, if the offender creates any sort of nuisance, then the fine may hike up to ₹10,000 along with detainment for a period of three months.

Therefore, you're argument isn't valid, and Yes the cops may arrest you for such an activity.

Hope You're Doubts are Clear

Regards
Kevin M. Paul