The State Government of Bihar vide its notification dated 1st April 2022, has published the Bihar Prohibition and Excise (Amendment) Act, 2022 to further amend the Bihar Prohibition and Excise Act, 2016.
Through this amendment, a new definition to the term “exhibit” has been inserted as follows:
“(26A) “exhibit” means any document, record, object, photograph, animation or any other item having evidentiary value, which is required to be formally produced in a court of law, and includes such electronic images like videography, drone images etc of such document, record, object, photograph, animation or item.”
Further section 37 which deals with penalty for consumption of liquor has been substituted as follows:
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.
Provided that, in case of repeat offenders, the State Government may, by notification, prescribe additional penalty or imprisonment or both
A new section 57-A which deals with Destruction of seized Items, particularly Intoxicants and section 57B which deals with Things or premises liable to be released upon penalty has been inserted through this amendment.
