Legal drinking age in India under spotlight after BMW hit-and-run
The main accused in the BMW hit-and-run case Mihir Shah (24) allegedly used a fake ID card showing his age as 27—above the legal drinking age of 25 in Maharashtra—to gain entry to a pub in Juhu, Mumbai, reports said on Thursday. This new information has once again brought into focus the rules on underage drinking and driving, with many people questioning the lax enforcement of related laws. Let's examine the drinking age and penalties for drunk driving in India.
Legal drinking age varies across country
The legal drinking age in India varies widely, ranging from 18 to 25 years, depending on state laws. Gujarat, Bihar, Nagaland, and Manipur have completely banned alcohol. States such as Haryana, Goa, Maharashtra, Chandigarh, Meghalaya, and Punjab have set the legal drinking age at 25 years. Whereas, some states, including Uttar Pradesh, Andhra Pradesh, West Bengal, and Tamil Nadu, restrict the consumption of hard liquor until the age of 21.
Kerala only state to have 23 as legal drinking age
Kerala stands out as the only state in India where the legal drinking age is 23, having recently raised it from 21. Interestingly, states such as Goa, Rajasthan, Himachal Pradesh, Karnataka, Sikkim, and Puducherry allow the consumption of mild beer at 18, though the age limit for hard liquor remains higher. Enforcement of these laws varies, with stricter implementation in certain cities.
Mihir, friends had 12 pegs of whiskey before accident
Reports indicate that Mihir—son of Rajesh Shah, a former member of Maharashtra CM Eknath Shinde's Shiv Sena—and his friends together consumed 12 large pegs of whiskey hours before the crash that killed 45-year-old Kaveri Nakhwa. Police have charged him with culpable homicide not amounting to murder, among other offenses, but it's unclear if drink driving charges are included. While police officials have said Mihir was "heavily drunk," he denies drinking.
Alcohol tests not effective 12 hours after drinking
Notably, it won't be easy to determine whether Mihir was drunk during the time of the accident as alcohol tests are not effective 12 hours after drinking, and he evaded arrest for three days. Protocol requires immediate alcohol tests in suspected drunk driving cases. To recall, Mihir was apprehended on Tuesday from a Virar apartment—65km from Mumbai. Police located Mihir using his friend's phone, which was briefly turned on for 15 minutes.
Legal framework, penalties for drunk driving
If, however, Mihir is charged with drunk driving, he will be subject to India's drunk driving laws under the Motor Vehicles Act of 1988. Under the act, the legal blood alcohol content limit is set at 0.03% for private vehicle owners and stricter for commercial drivers. Violations can result in a fine of up to ₹10,000, six months imprisonment, and license suspension for first-time offenders. Repeat offenses carry heavier penalties including longer imprisonment terms and potential permanent license cancellation.
