The Bihar Prohibition Act, 1938

{
    "id": 15868,
    "slug": "the-bihar-prohibition-act-1938",
    "title": "The Bihar Prohibition Act, 1938",
    "short_title": "The Bihar Prohibition Act, 1938",
    "act_number": "Bihar Act 6 of 1938",
    "act_year": 1938,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Prohibition Act, 1938",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Repeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(1) Bottle -\"Bottle\" means to transfer liquor from a cask or other vessel to a bottle, jar, flask or pot or similar receptacle for the purpose of sale whether any process of manufacture be employed or not, and includes rebottling;\n(2) Buy or Buying -\"Buy\" or \"Buying\" includes any receipt including gift;\n(3) Collector -\"Collector\" means a Collector of land-revenue or a Deputy Commissioner or any person appointed under sub-section (1) of Section 5 to exercise all or any of the powers or to perform all or any of the duties of a Collector under this Act;\n(4) Cultivation -\"Cultivation\" includes the tending or protecting of a plant during growth and does not necessarily imply raising it from seed;\n(5) Export -\"Export\" means-\n(a) to take out of any local area in which this Act is in force to any other local area in the Province of Bihar in which this Act is not in force, or\n(b) to take out of the Province of Bihar;\n(6) Import -\"Import\" means-\n(a) to bring into any local area in which this Act is in force from any other local area in the Province of Bihar in which this Act is not in force; or\n(b) to bring into the Province of Bihar;\n(7) Institution -\"Institution\" includes clubs, restaurants, hotels and shops where liquor, intoxicating drug or article containing liquor or drug is sold under licence;\n(8) Intoxicating drug. -\"Intoxicating drug\" means-\n(i) the leaves small, stalks and flowering of fruiting tops of the Indian hemp plant (Cannabis Sativa L.) including all forms known as bhang, siddhi or ganja;\n(ii) charas , that is, therein obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing or transport;\n(iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared therefrom; and\n(iv) any other intoxicating or narcotic substance which the Governor may, by notification, declare to be an intoxicating drug, such substance not being opium, coca leaf, or a manufactured drug, as defined in Section 2 of the Dangerous Drugs Act, 1930 (II of 1930);\n(9) Liquor -\"Liquor\" includes spirit of wine, methylated spirits, spirits, wine, beer and all liquids consisting of and containing alcohol but does not include tari or talras;\n(10) Local body -\"Local body\" means a District or Local Board constituted under the Bihar and Orissa Local Self Government Act, 1885 (Bengal Act III of 1885) ora District Committee constituted under the Cess Act, 1880, (Ben, Act IV of 1880) or a Municipality or Notified Area Committee constituted or appointed under the Bihar and Orissa Municipal Act, 1922, (B & O. Act, VI of 1922) or the Jharia Mines Board of Health;\n(11) Manufacture -\"Manufacture\" includes every process, whether natural or artificial, by which any fermented spirituous, or intoxicating liquor or intoxicating drug is produced, prepared or blended, and also redistillation and every process for the rectification of liquor;\n(12) Officer-in-Charge of a police station -\"Officer-in-Charge of a police station\" has the same meaning as in the [Code of Criminal Procedure, 1898, (V of 1898)] and includes any person invested with the powers of an officer in charge of a Police-station under Section 38;\n(13) Place -\"Place\" includes also a house, shed, enclosure, building, shop, tent and vessel;\n(14) Police-station -\"Police station\" has the same meaning as in the [Code of Criminal Procedure, 1898 (V of 1898)]\n(15) Prohibition authority -\"Prohibition authority\" means the Prohibition Commissioner, a Collector, a Prohibition Superintendent or a Prohibition Officer;\n(16) Prohibition Commissioner-\"Prohibition Commissioner\" means the officer appointed to be the Prohibition Commissioner under Sub-Section (1) of Section 5;\n(17) Prohibition Officer -\"Prohibition Officer\" means a person appointed to be a Prohibition Officer under sub-section (1) of Section 5;\n(18) Prohibition Superintendent -\"Prohibition Superintendent\" means a person appointed to be a Prohibition Superintendent under subsection (1) of Section 5;\n(19) Rectification -\"Rectification\" includes every process whereby spirit are purified or are coloured or flavoured by mixing any material therewith;\n(20) Sale or Selling -\"Sale or Selling\" includes any transfer including gift;\n(21) Spirits -\"Spirits\" means any liquor containing alcohol and obtained by distillation (whether it is denatured or not);\nExplanation\n(22) Tairas -\" Tairas \" means juice drawn from a palmyra or date palm tree into and kept in receptacles in the prescribed manner so as to prevent any fermentation of the juice;\n(23) Tari-\"Tari\" means juice drawn from a palmyra or date palm tree; and\n(24) Transport -Transport\" means to move from one place to another within any local area to which this Act applies.\nChapter II\nEstablishment and Control",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Prohibition authorities and prohibition committees.",
            "chapter": null,
            "content": "(a) the Prohibition Commissioner;\n(b) the Collector;\n(c) Prohibition Superintendent, who may be either honorary or stipendiary; and\n(d) Prohibition Officers, who may be either honorary or stipendiary.\n(ii) Such Prohibition Committees shall-\n(a) exercise and perform the prescribed powers and duties, and\n(b) generally assist the Collector or other Prohibition Authority in charge of the district, as the case may be, in carrying out the objects of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Appointment of Prohibition authorities and their powers and duties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Prohibition authorities to be guided by orders and instructions of Provincial Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Revision of order of Prohibition Authority.",
            "chapter": null,
            "content": "Chapter III\nProhibitions and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Prohibition of manufacture of liquor and construction and working of distillery or brewery.",
            "chapter": null,
            "content": "(a) manufactures liquor; or\n(b) constructs or works any distillery or brewery; shall be punishable with imprisonment of either description which may extend to one year, or with fine which may extend to two thousand rupees, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Prohibition of import, export, transport, sale, etc., of liquor.",
            "chapter": null,
            "content": "(a) import, exports, transports or possesses liquor;\n(b) bottles of any liquor for sale;\n(c) sells or buys liquor;\n(d) consumes liquor; or\n(e) uses, keeps or has in his possession any materials, still, utensils, implement or apparatus whatsoever for the manufacture of any liquor;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Prohibition of import, export, transport, sale, manufacture, etc., of intoxicating drug.",
            "chapter": null,
            "content": "(a) imports, exports, transport or possesses any intoxicating drug;\n(b) except in accordance with Rules made by the Provincial Government in this behalf, cultivates the hemp plant or extracts any portion of such plant from which any intoxicating drug can be manufactured;\n(c) uses, keeps or has in his possession any materials, still, utensils, implement or apparatus whatsoever for the manufacture of any intoxicating drug;\n(d) sells or buys any intoxicating drug; or\n(e) consumes any intoxicating drug;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Prohibition of import, export, transport, sale, etc., of talras.",
            "chapter": null,
            "content": "(a) imports, exports, transports or possesses talras ,\n(b) bottles of talras for sale,\n(c) sells or buys talras , or\n(d) consumes talrus except at a place specified in a permit granted for the sale of talras under clause (b) of sub-section (1) of Section 31.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Prohibition of import, export, transport, sale, etc., of tari.",
            "chapter": null,
            "content": "(a) imports, exports, transports or possess tari ;\n(b) bottles of tari for sale;\n(c) sells or buys tari ; or\n(d) consumes tari ;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Prohibition of tapping of far.",
            "chapter": null,
            "content": "(a) taps any fan-producing tree or permits to be tapped any tari producing tree belonging to him or in his possession; or\n(b) draws tari from any tree or permits tari to be drawn from any tree belonging to him or in his possession;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Exception.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Presumption on prosecution under Sections 9 and 10.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Permits to dispose of certain articles when Act, brought into force in any are.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Permits to manufacture liquor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Punishment for rendering or attempting to render denatured spirit fit for human consumption.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Prohibition of advertisement.",
            "chapter": null,
            "content": "(a) catalogues or price lists which may be generally or specially approved by the Prohibition Commissioner;\n(b) any advertisement printed and published in a newspaper before the first day of November, 1938;\n(c) any bona fide scientific opinion expressed on the medicinal value of tari or any specified liquor or drug.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Punishment for vexatious search, seizure, arrest, etc.",
            "chapter": null,
            "content": "(a) without reasonable ground of suspicion, searches or causes to be searched any place, or\n(b) vexatiously and unnecessarily seized the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act, or\n(c) vexatiously and unnecessarily detains, searches or arrests any person, or\n(d) in any other way maliciously exceeds or abuses his lawful powers,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Punishment for vexatious delay.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Punishment for abetment or escape of persons arrested, etc.",
            "chapter": null,
            "content": "(a) unlawfully releases any person arrested under this Act, or\n(b) abets the escape of any person arrested under this Act, or\n(c) abets the commission of any offence against this Act,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Punishment for offences not otherwise provided for.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Punishment for abetment of offences against the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Things liable to confiscation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Confiscation how ordered.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Offences under the Act, to be cognizable.",
            "chapter": null,
            "content": "Chapter IV\nExemptions and Licences",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Power to notify exemptions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Exemption of bona fide travellers and lawful consignments.",
            "chapter": null,
            "content": "(a) to liquor or intoxicating drugs in the possession of bonafide travellers coming from an area in which this Act, is not in force and going to an area in which this Act, is not in force while such travellers are passing through any area in which this Act, is in force, if such liquor or intoxicating drugs are intended for the personal use of such travellers:\n(b) to lawful consignments of liquor or intoxicating drugs carried by a Railway Administration or by any steamer, ferry or other means of transport through or into any area in which this Act, is in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Licence for bona fide medicinal or other purposes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Licences for tapping for talras.",
            "chapter": null,
            "content": "(a) licences for the tapping of any palmyra or date palm tree for juice intended to be used as talras or for the manufacture of gur , or\n(b) permits for the possession, transport or sale of talras.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Permits and licences.",
            "chapter": null,
            "content": "(a) permits authorizing any person to consume and possess for personal consumption any liquor or intoxicating drug;\n(b) licences to any institution to possess liquor and issue it to such of its members as hold permits under clause (a); and\n(c) licences to any person in charge of restaurants attached to a Railway train, steamer or ferry to possess liquor and serve it to bona fide passengers travelling by such train, steamer or ferry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Exemption of liquor required for religious purposes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Exemption in case of Christians on religious grounds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Form and conditions of licences and permits.",
            "chapter": null,
            "content": "(1) be granted on payment of such fees, if any, for such period, and subject to such restrictions and limitations and on such conditions.\n(2) be in such form and contain such particulars as the Provincial Government may direct either generally or in any particular case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Power to cancel or suspend licences and permits.",
            "chapter": null,
            "content": "(a) if any fee payable by the holder thereof is not duly paid; or\n(b) in the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, or any one of the terms and conditions of such licence or permit; or\n(c) if the holder thereof is convicted of any offence against this Act, or of any cognizable and non-bailable offence; or\n(d) if the conditions of such licence or permit provide for its cancellation or suspension at will; or\n(e) if the purpose for which the licence or permit is granted ceases to exist.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Penalty for breach of the conditions of licence and permits.",
            "chapter": null,
            "content": "Chapter V\nPowers, Duties and Procedure of Officers, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Prohibition Authorities may be vested with powers of Office-ln-Charge of Police station",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Arrest of offenders, seizure of contraband liquor and articles without warrant.",
            "chapter": null,
            "content": "(a) arrest without warrant any person committing within his view an offence punishable under Sections 8, 9, 10, 11, 12 or 13;\n(b) seize and detain any tari , liquor, intoxicating drug or other article which he has reason to believe to be liable to confiscation under this Act; and shall, when he so seizes such article, give to the person from whom such article is seized a receipt for the same:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Duty of officials of all departments and local bodies to assist.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Offences to be reported etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Landholders and others to give information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. When attendance of witnesses to be dispensed with, and procedure in such cases.",
            "chapter": null,
            "content": "Chapter VI\nRules and Notifications",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Power to make Rules.",
            "chapter": null,
            "content": "(a) For the issue and cancellation of licences and permits and the enforcement of the conditions thereof and the fees to be paid for such licences and permits;\n(b) prescribing the powers to be exercised and the duties to be performed by paid and honorary prohibition authorities in furtherance of the objects of this Act, the area in which such powers and duties shall be exercised and performed, the conditions of service of such authorities and their relation with each other;\n(c) determining the local jurisdiction of Police Officers, and Prohibition Authorities in regard to inquiries and the exercise of preventive and investigating powers;\n(d) authorising any officer or person to exercise any power or perform duty under this Act;\n(e) prescribing the powers and duties of Prohibition Committees and the members thereof and intervals at which the members of such committees shall make their reports;\n(f) regulating the delegation by the Prohibition Commissioner or by Collectors or other District Officers of any powers conferred on them by or under this Act;\n(g) prescribing the manner in which receptacles, into which talras may be drawn or kept, shall be treated so as to prevent fermentation;\n(h) regulating the cultivation of the hemp plant, the collection of those portions of such plant from which intoxicating drugs can be manufactured and the manufacture of such drugs therefrom;\n(i) declaring how denatured spirit shall be manufactured and what substances shall be deemed to be denaturants;\n(j) declaring by what authorities orders passed by any Prohibition Authority other than the Prohibition Commissioner may, be Revised and prescribing the time and manner of presenting applications for Revision under Section 7, and the procedure for dealing therewith;\n(k) for the grant of travelling and other allowances to witnesses, and of compensation for loss of time to persons who are arrested and released on the ground that they have been improperly arrested and to persons charged before a Magistrate with offences under this Act and acquitted;\n(l) for the disposal of articles confiscated and of the proceeds thereof; and\n(m) prescribing the quantity and the extent to which and the conditions under which wine may be brewed, possessed or used for the purposes of Section 34.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Effect of Rules on publication.",
            "chapter": null,
            "content": "Chapter VII\nLegal Proceedings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Actions against the Crown, etc.",
            "chapter": null,
            "content": "[The Schedule]\n( See Section 2)\nProvision of this Act, brought into force.\nEnactments repealed.\nExtent of repeal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "8",
            "title": "Section 8..",
            "chapter": null,
            "content": "The Bihar and Orissa Excise Act, 1915, and all enactments,\n\t\t\t\t\tother than the Dangerous Drugs Act, 1930, amending the Bihar and\n\t\t\t\t\tOrissa Excise Act, 1915.\nSo far as they relate to liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "9",
            "title": "Section 9..",
            "chapter": null,
            "content": "The Bihar and Orissa Excise Act, 1915, and all enactments,\n\t\t\t\t\tother than the Dangerous Drugs Act, 1930, amending the Bihar and\n\t\t\t\t\tOrissa Excise Act, 1915.\nSo far as they relate to liquor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "10",
            "title": "Section 10..",
            "chapter": null,
            "content": "The Bihar and Orissa Excise Act, 1915, and all enactments\n\t\t\t\t\tamending the said Act.\nSo far as they relate to intoxicating drugs.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "11",
            "title": "Section 11..",
            "chapter": null,
            "content": "The Bihar and Orissa Excise Act, 1915, and all enactments\n\t\t\t\t\tamending the said Act.\nSo far as they relate to tari.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "12",
            "title": "Section 12..",
            "chapter": null,
            "content": "The Bihar and Orissa Excise Act, 1915, and all enactments\n amending the said Act.\nSo far as they relate to tari.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        }
    ],
    "metadata": {
        "Act ID": "bh235",
        "Act Number": "Bihar Act 6 of 1938",
        "Enactment Date": "",
        "Act Year": "1938",
        "Short Title": "The Bihar Prohibition Act, 1938",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}