INTRODUCTION

Alcohol laws in India are a strange piece of legislation. Apart from every other legislation, the laws governing liquor consumption in India lacks uniformity. We all know that alcohol is the most commonly used intoxicant among the people of not only our country but throughout the world.

In India the legal drinking age and laws governing alcohol which regulate the sale and consumption of alcohol vary significantly from state to state. They vary because the subject of alcohol is included in the State list which comes under the Seventh Schedule of the Constitution of India. In India, the sale of alcohol usually takes place at liquor stores, restaurants, hotels, bars, pubs, clubs and discos.

The alcohol laws not only prescribe the drinking age but also list down the places where alcohol can be sold and this also varies from state to state. For example, in some states, liquor may be sold at groceries, departmental stores, banquet halls and/or farm houses. Some tourist areas have special laws allowing the sale of alcohol on beaches and houseboats.

Home brewing is the brewing of beer on a small scale for personal, non-commercial purposes.

Beer has been brewed on the domestic level since its advent, thousands of years prior to its commercial production, although its legality has varied according to local regulation.

 

BREWING CULTURE

People choose to brew their own beer for a variety of reasons. Many homebrew to avoid a higher cost of buying commercially equivalent beverages. Brewing domestically also affords one the freedom to adjust recipes according to one’s own preference, create beverages that are unavailable on the open market or beverages that may contain fewer calories or less alcohol.
Some people join home brewing clubs and enter homebrew competitions. The Beer Judge Certification Program (BJCP) is an American organization which oversees homebrew competitions, certifies judges, and offers categories for judging. Similar British organizations are The National Guild of Wine and Beer Judges, and the National Association of Wine and Beermakers (Amateur) – (NAWB), who have held an annual show since 1959.

In several countries, the brewing of alcohol is legal and in some is not. India is one of the countries where the brewing of alcohol is legal. It is governed by the Alcohol Law in India.

Alcohol Law in India is strict from various perspectives. Liquor is incorporated into the state list which implies that the law of each state will be distinctive in India. Alcohol is something which you can expend subsequent to achieving particular age in India. Likewise, on the off chance that you need to offer the liquor out in the open you need to get a permit.

In a few states in India liquor is completely restricted and in a few expresses, the drinking age is over 25 years. The standards and controls vary from state to state. States, where there is an aggregate prohibition on liquor, are Bihar, Gujarat, Lakshadweep, Manipur, and Nagaland. These states are the dry states and liquor is illicit without an allow. In Delhi, the legitimate age to devour liquor is 25 years.

Home brewing is blending lager or making wine for individual utilize or for a non-business reason. Lager or wine has been blended non-financially for a long time in Egypt and China. Individuals make brew and wine in view of many reasons. They make brew and wine to maintain a strategic distance from the higher cost of purchasing economically. Some make beer and wine to alter its taste as indicated by one’s own inclination. They can make drinks that are not accessible in the market. Making a brew or wine is a craftsmanship. A few people love to make beer for themselves. Individuals can discover loads of data on the best way to make it. The following is the method to make wine or brew, in the event that you need to influence it for individual to utilize.

 

IN ANY CASE, IS IT LEGITIMATE TO MAKE BEER OR WINE AT HOME FOR INDIVIDUAL UTILIZATION IN INDIA?

Indeed, it is totally Legal to make wine or blend brew at home in India for individual use aside from in states where it is prohibited like Bihar, Gujarat, Lakshadweep, Manipur, and Nagaland. No law states in India that you can’t mix lager or make wine at home however this is just for individual utilize and not for business reason.
You can make wine or blend brew yet ought to think of some as focuses:
• If you are making wine or beer then you should not sell it or make any kind of profit.
• It should be strictly for personal use only.
• There is a limit to how much you make it. More than 50 litres can land you in trouble as a quantity more than 50 litres cannot be considered for personal use.
• While making or storing the alcohol, you should be careful that your wine or beer does not turn poisonous.

 

CAN A PUB IN DELHI BREW BEER OR MAKE WINE FOR SELLING?

Yes, a pub in Delhi can brew beer or make wine. These beers brewing on small scale is called micro brewing. Any pub can brew beer for making a profit out of it. It is very important to improve the taste of the beer or else no one will like it. It should be better than the bottled beer and should be less costly. For making a micro brewing one has to buy a machine which can be costly. Micro brewing does have a separate licence and these pubs have to obtain that licence before starting the micro brewing. This licence is obtained from the excise department. Micro brewing licence is not given in every state of India. It is provided in some states like Delhi, Haryana, Karnataka and Maharashtra. The licence is given for the sale of the beer, or for export or supply outside India as well.

Why brewed beer tastes better than the bottled beer? India’s first commercial microbrewery at Gurgaon’s Galaxy Hotel and Spa, where the brew master works explains that “Creativity is the key component here. Industrial brewers are driven by a mass-merchandising mindset where profits matter the most”.

This is the reason the government is promoting beer brewing as it is increasing the GDP through taxes. Also, it is increasing the employment in this section. Licenses are given to the companies by the excise department according to their state rules.
If the preparation causes nuisance to neighbours.

 

If you are planning to make wine or brew beer, then you should take precautions. These precautions can be minor but can land you in jail or in trouble. We have to know the law before making beer or wine as alcohol is something that is not promoted in the society. You can to take care that no one around is getting disturbed by your brewing beer. Which law will stop you from making wine or beer:
Section 268 of IPC – A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. This section simply states that if anyone does any act like making beer or wine and because of its smell, the neighbor is getting affected then it will come under Public nuisance.

Section 304A of IPC – Causing death by negligence. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. This section focuses on the act of a person because of which it causes death by negligence. Brewing beer or wine can be dangerous as alcohol is a flaming beverage. And it can be possible because of your negligence it catches fire and hurt someone. Home made beer or wine can easily turn poisonous in very less time and if anyone gets hurt, all the liability is on you. In hotels or pubs where they make wine or beer take extra precaution as this can be a problematic situation if anything goes wrong. They take precaution for the smell of the wine/beer, precaution for fire etc.

 

THE AMOUNT OF SPIRIT ONE CAN STOCK UP AT HOME ACCORDING TO STATES IN INDIA:

Delhi: No individual can stock more than 18 liters of wine, alcohol, brew, juice and alcopop and 9 liters of Indian and outside liquor(whiskey, rum, gin, vodka) at home. Those setting out to another state can convey just 1 liter of any alcohol.

Punjab: The State permits to stock just 2 containers of IMFL, 1 instance of lager, 2 jugs of imported alcohol, 2 jugs of a nation made alcohol and a jug of liquor. In the event that you need to stock more jugs then you can get a L-50 allow which has a yearly expense of Rs.1000 and lifetime charge of Rs. 10,000.

Haryana: An individual can stock up to 6 containers of nation alcohol, 18 jugs of IMFL, 12 jugs of remote alcohol, 12 jugs of brew, 6 jugs of rum, 12 jugs of wine and 6 jugs of vodka. On the off chance that you need to stock all the more then you can get a L-50 allow which has a yearly expense of Rs.200 and Rs 2000 for the lifetime.

Rajasthan: An individual can stock up to 12 jugs or 9 liters of IMFL.

Himachal Pradesh: An individual can stock up to 36 jugs of bourbon and 48 containers of lager for each individual. For additional, the L-50 allow can be acquired.

Goa: Under this State Law, 12 containers of IMFL, 24 jugs of lager, 18 jugs of nation alcohol, 6 jugs of denatured soul. Goa State Law is strict, discipline incorporates detainment which may stretch out to 7 years.

 

SUGGESTION
1. There is a lacuna in the law, the states are banning the alcohol and declaring the state as dry-state, because of which the state are facing large amount of smuggling of alcohols.
2. There should be a Centre Legislation, which will deal with the complete ban of alcohol in order to prevent the smuggling.
3. There should be no home brewing as there is no lab test as there is in the brewing in the factories and because of this very reason there are many people dies every year by drinking this kind of alcohol.

 

CONCLUSION
In India, home brewing beer and making wine is legal but storing it can be difficult. Storing beer and wine is prescribed under the State law of different states. You should take care of the law before storing it at home. Home brewing can be difficult for a common man to make in India as it takes time and patience. One has to wait more than a year to make a wine or beer. But home brewing should be promoted in India to avoid high taxes on alcohol and to get the taste that one needs. Also, home brewing will help to get the fresh and diverse flavor of the beer and wine. Even in pubs, the sale of brewed beer is more than the bottled beer as it is fresh and safe for health. Bottled beer is unreliable as the quality matters. If you want to drink beer for relaxing then you should go for home-brewed beer as it is much better in quality than bottled one.

 

REFERENCES
Bhavneet Singh Vohra, Alcohol Laws in India, https://www.lawfarm.in/blogs/alcohol-laws-in-india, Retrieved on 30 May, 2018.
Collins, Stacy Tibbetts, editor; Jim Parker, brewing consultant; photography by James (2006). Basic homebrewing: all the skills and tools you need to get started (1st ed.). Mechanicsburg, PA: Stackpole Books. ISBN 0-8117-3259-2.
“Decreasing calories in beer by making your own”. Archived from the original on 18 January 2013. Retrieved 24 April 2017
“Craft Brewing Association”. www.craftbrewing.org.uk. Retrieved 30 May, 2018.
“National Guild of Wine and Beer Judges – Home Page”. www.ngwbj.org.uk. Retrieved 30 May, 2018.
“NAWB – History”. www.nawb.org.uk. Retrieved 30 May, 2018.
Is it Illegal to make beer or wine at home for personal consumption?
https://lawyersgyan.com/blog/is-it-illegal-to-make-beer-or-wine-at-home/, Retrieved on 30 May, 2018.
https://blog.ipleaders.in/brew-beer-or-wine/, Retrieved on 30 May, 2018.

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