India is the country with the largest railway network, and railway is the most used transport system in India. People from lower to middle and upper-class everyone is travelling in railway. The railway is available in inter-state as well as from one state to another. While travelling with railways, there are certain rules to be followed by the passengers these rules are governed by The Railway Act, 1989.
Travelling with alcohol on a railway depends upon where you are travelling because our constitution gives power to every state in the country to make laws on the subjects which are mentioned under the state list. Rules and regulation regarding alcohol come under the State subject; therefore the states can regulate the sale of alcohol in their territory.
States where Alcohol is Ban
There are several States, where the State Government banned every transaction and consumption of alcohol in every form. Anyone with alcohol cannot enter to the territory of that state. The states where alcohol is totally bans are Gujarat, Bihar, Lakshadweep and Nagaland. These are the states where the sale, manufacturing or drinking of alcohol is totally prohibited.
If a person is carrying alcohol on a train from a state where it is not banned to another state where alcohol is totally banned, then the person will be charged by the laws of that state where alcohol is a ban.
Carrying Alcohol in Train
A person can carry alcohol in train within those States where alcohol is not banned but the person needs to follow the rules and regulation made by the Railway Authority. Non-compliance with the rules and regulations will lead to imprisonment and fine. A person can carry alcohol on a train but the person is not allowed to drink or show openly.
If a person is carrying alcohol on a train then the quantity of the alcohol should not exceed the limit which is two litres, and the bottle of alcohol should be completely sealed and should be covered. It should not be visible to anyone in the train.
This can be only done when you are travelling in intra-state or States where alcohol is not banned. If anyone travels with alcohol in a State where alcohol is ban then that person will be charged and the proceeding will commence according to the laws of that State.
People are not allowed to drink or open a bottle of alcohol on the train or anywhere on the premises of the railway. This is strictly prohibited under The Railway Act, 1989.
The Railway Act, 1989
According to the Railway Act, no one is allowed to carry alcohol or any intoxicating substances in the rail property or any property owned by the railway authorities. Railway strictly regulates and prohibits the consumption and carrying of any intoxicating product or alcohol in any condition.
Under section 145 of Railway Act, 1989, if railway administration founds any person in railway premises or in railway carriage is consuming any intoxication item or that he is in a state of intoxication and tries to create a nuisance or disturb the other passengers, then in that case, the person’s ticket or pass will be cancelled or he may be punished with the imprisonment which may be extended to six months and fine (which may extend to five hundred rupees)
State Excise Act
The State Excise Act controls every activity related to the transportation of alcohol bottle or in any form. A person is allowed to carry a quantity of 1.5 litre with him while travelling and one bottle should be opened but he or she is not allowed to drink, from this it will ensure that it is not for the sale purpose and to ensure that this is for your own consumption.
If a person is travelling with the exceeding mention quantity then the person needs duly permission from the excise officer.
Conclusion
Carrying alcohol in a train is not allowed, although if a person wants to carry alcohol in the train then there is a specific quantity which is mentioned and that should be properly covered, you are not allowed to drink or open the alcohol bottle in the train premises and if you are found that you are consuming and disturbing other passengers than strict attention will be taken against you.
This article is authored by Shavi Vats, Fourth-Year, BBA. LL.B student at JEMTEC School of Law.
Also Read – Is Carrying Tobacco In-Flight Allowed?
