Presumption as to commission of offence in certain cases
Section 32 of Bihar Prohibition and Excise Act, 2016 deals with presumption as to commission of offence in certain cases. In prosecution under any relevant provision of this Act, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of any liquor, intoxicant,material, still, utensil, implement or apparatus, for the possession of wh
(1) In prosecution under any relevant provision of this Act, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of any liquor, intoxicant,material, still, utensil, implement or apparatus, for the possession of which he is unable to account satisfactorily.
(2) Where any equipment, machinery, animal, vessel, cart, vehicle, conveyance or any premises is used in the commission of an offence under this Act, and is liable to confiscation and/or liable to be sealed, the owner or occupier thereof shall be deemed to be guilty of such offence and such owner or occupier shall be liable to be proceeded against and punished accordingly, unless he satisfies the court that the offence was committed without his knowledge or that he had exercised due care in the prevention of the commission of such an offence.
(3) Where an offence is said to have been committed , -at a place or inside any premises where any toxicant or liquor is found, consumed, manufactured, sold or distributed, or -inside any house occupied by a family where any intoxicant or liquor is found or consumed, it shall be presumed that all the adults above the age of eighteen occupyingor working at the place or in the premises or the members of the family above eighteen years of age occupying the house are having the knowledge of commission of such an offence, unless proved otherwise.
Section 32, Bihar Prohibition and Excise Act, 2016 (Act 20 of 2016).
Questions about Section 32
What does Section 32 of the Bihar Prohibition and Excise Act deal with?
Section 32 of the Bihar Prohibition and Excise Act is headed "Presumption as to commission of offence in certain cases". In prosecution under any relevant provision of this Act, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of any liquor, intoxicant,material, still, utensil, implement or apparatus, for the possession of wh
How do I find court cases under Section 32 of the Bihar Prohibition and Excise Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bihar Prohibition and Excise Act 32, section 32 Bihar Prohibition and Excise Act, section 32 of the Bihar Prohibition and Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Bihar Prohibition and Excise Act enacted?
Bihar Prohibition and Excise Act was enacted in 2016 as Act 20 of 2016. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions-In this Act, unless otherwise required in the context2273 words
- 95. Power of the State Government to make rules474 words
- 90. Application of certain provisions of the Code of Criminal Procedure, 1973392 words
- 34. Penalty for mixing noxious substance with liquor385 words
- 30. Penalty for unlawful import, export, transport, manufacture, possession, sale, etc363 words
- 66. Externmentetc of notorious or habitual offenders361 words
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