Vidhi Codex

The Bihar Prohibition Act, 1938

The Bihar Prohibition Act, 1938

General193848 sections7 chapters

This legislation prohibits the manufacturing, selling, and consumption of alcohol, tari, and intoxicating drugs throughout the entire province of Bihar. It applies to all individuals and entities operating within the state, aiming to eliminate the trade of these substances. The law is significant because it seeks to reduce social issues and health risks associated with substance abuse by enforcing a total ban on these items, thereby promoting a cleaner and more disciplined society. It effectively replaces older laws with stricter controls to ensure compliance across the region.

Start reading →Read full ActSections

Chapter I Chapter I →

  1. 1Short title, extent and commencement
  2. 2Repeals
  3. 3Definitions

Chapter II Chapter II →

  1. 4Prohibition authorities and prohibition committees
  2. 5Appointment of Prohibition authorities and their powers and duties
  3. 6Prohibition authorities to be guided by orders and instruction of Provincial Government
  4. 7Revision of order of Prohibition authority

Chapter III Chapter III →

  1. 8Prohibition of manufacture of liquor and construction and working of distillery or brewery
  2. 9Prohibition of import, export, transport, sale, etc., of liquor
  3. 10Prohibition of import, export, transport, sale, manufacture, etc., of intoxicating drug
  4. 11Prohibition of import, export, transport, sale, etc. of talras
  5. 12Prohibition of import, export, transport, sale, etc., of tari
  6. 13Prohibition of tapping of tari-producing trees and drawing of tari
  7. 14Exception
  8. 15Presumption on prosecutions under section 9 or 10
  9. 16Permits to dispose of certain articles when Act, brought into force in any area
  10. 17Permits to manufacture liquor
  11. 18Punishment for rendering or attempting to render denatured spirit fit for human consumption
  12. 19Prohibition of advertisement
  13. 20Punishment for vexatious search, seizure, arrest, etc.
  14. 21punishment for vexatious delay
  15. 22Punishment for abetment or escape of persons arrested, etc.
  16. 23Punishment for offences not otherwise provided for
  17. 24Punishment for abetment of offences against the Act
  18. 25Things liable to confiscation
  19. 26Confiscation how ordered
  20. 27Offences under the Act, to be cognizable

Chapter IV Chapter IV →

  1. 28Power to notify exemptions
  2. 29Exemption of bonafide travellers and lawful consignments
  3. 30License for bonafide medicinal or other purposes
  4. 31License for tapping for talras
  5. 32Permits and license
  6. 33Exemption of liquor required for religious purposes
  7. 34Exemption in case of Christians on religious grounds
  8. 35Form and conditions of licences and permits
  9. 36Power to cancel or suspend licences and permits
  10. 37Penalty for breach of the conditions of licence and permits

Chapter V Chapter V →

  1. 38Prohibition authorities may be vested with powers of officer in charge of police station
  2. 39Arrest of offenders, seizure of contraband liquor and articles without warrant
  3. 40Duty of officials of all departments and local bodies to assist
  4. 41Offences to be reported etc
  5. 42Landholders and others to give information
  6. 43When attendance of witnesses to be dispensed with, and procedure in such cases

Chapter VI Chapter VI →

  1. 44Power to make rules
  2. 45Effect of rules on publication

Chapter VII Chapter VII →

  1. 46Actions against the Crown, etc

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