Substitution of section-37 of Bihar Prohibition and Excise Act, 2016
Section 4 of the Bihar Prohibition and Excise (Amendment) Act, 2022 deals with substitution of section-37 of Bihar Prohibition and Excise Act, 2016. Section-37 (Penalty for consumption of liquor) of Bihar Prohibition and Excise Act, 2016, as further amended by Act, 8 of 2018, shall be substituted by the following :- "37- Penalty for consumption of liquor - (1) Whoever, in contravention of this Act or the rules, notification or order made there u
Section-37 (Penalty for consumption of liquor) of Bihar Prohibition and Excise Act, 2016, as further amended by Act, 8 of 2018, shall be substituted by the following :- "37- Penalty for consumption of liquor - (1) Whoever, in contravention of this Act or the rules, notification or order made there under consumes liquor or intoxicant at any place or is found drunk or found under influence of any intoxicant, within any premises or outside, shall be arrested immediately and produced before the nearest Executive Magistrate. He shall however be released if he pays a penalty as may be notified by the State Government. Failure to pay such penalty shall invite a simple imprisonment of one month. Any intoxicant found in his possession shall be seized and destroyed as per section-57.
Provided that, in case of repeat offenders, the State Government may, by notification, prescribe additional penalty or imprisonment or both. [Explanation 1 :- It shall not be a right of the accused to be released upon payment of the required penalty. The Executive Magistrate, based upon a report by a police officer or an excise officer, may, for reasons to be recorded in writing, still refuse to release the accused on payment of penalty and commit him to such custody as he deems fit.] [Explanation 2 :- Such release shall not affect the outcome of the trial, if any, before the Special Court.] (2) All offences under this section shall be disposed of through the procedure of summary trial by an Executive Magistrate who shall exercise the powers of judicial Magistrate second class for the purpose of this section. The State Government shall appoint such Executive Magistrate in consultation with the High Court.
(3) The enquiry of cases under this section shall be conducted by an excise officer or a police officer not below the rank of Assistant Sub- Inspector. e (4) Any person accused of committing offence under this section also commits an offence punishable under any other Act, then he shall also face the consequences as mentioned under that Act."
Section 4, The Bihar Prohibition and Excise (Amendment) Act, 2022 (Act 171 of 2022).
Questions about Section 4
What does Section 4 of the Bihar Prohibition and Excise (Amendment) Act deal with?
Section 4 of the Bihar Prohibition and Excise (Amendment) Act is headed "Substitution of section-37 of Bihar Prohibition and Excise Act, 2016". Section-37 (Penalty for consumption of liquor) of Bihar Prohibition and Excise Act, 2016, as further amended by Act, 8 of 2018, shall be substituted by the following :- "37- Penalty for consumption of liquor - (1) Whoever, in contravention of this Act or the rules, notification or order made there u
How do I find court cases under Section 4 of the Bihar Prohibition and Excise (Amendment) 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 (Amendment) Act 4, section 4 Bihar Prohibition and Excise (Amendment) Act, section 4 of the Bihar Prohibition and Excise (Amendment) 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 (Amendment) Act enacted?
Bihar Prohibition and Excise (Amendment) Act was enacted in 2022 as Act 171 of 2022. 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
- 17. Substitution of section-83 of Bihar Prohibition and Excise Act, 2016332 words
- 9. Insertion of a new section-57A after section-57 of Bihar Prohibition and Excise Act, 2016304 words
- 10. Insertion of new section-57B of Bihar Prohibition and Excise Act, 2016278 words
- 15. Substitution of section-81 of Bihar Prohibition and Excise Act, 2016215 words
- 16. Insertion of a new section-81A after section-81 of Bihar Prohibition and Excise Act, 2016170 words
- 7. Substitution of section-56 of Bihar Prohibition and Excise Act, 2016154 words
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