By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
It is a common sight across Delhi NCR on a Friday night: cars parked neatly on the side of a road or outside a market, music playing softly, and friends sharing drinks inside the vehicle. Known locally as “Car-o-Bar,” many people prefer this to loud, expensive pubs.
When approached by the police, the standard defense is almost always: “Sir, my car is my private property, the engine is off, and I am not driving.”
Unfortunately, legal logic does not work that way. As a defense lawyer, I have seen many clean-record professionals spend a night in the lockup over this exact misunderstanding.
The Myth of “Private Property”
The confusion stems from mixing up two different laws: The Motor Vehicles Act (which punishes drunk driving) and the Delhi Excise Act, 2009.
You are correct that you are not committing a “drunk driving” offense if the engine is off and you have no intention to drive. However, you are committing a completely different crime: Consuming alcohol in a public place.
Under Section 38 of the Delhi Excise Act, no person shall consume liquor in any public place.
Is a Car a Public Place?
Yes. The law dictates that the status of the space depends on where the vehicle is located, not who owns it. If your private car is parked in your private driveway or garage, you are fine. But the moment you park your car on a public road, a municipal parking lot, or outside a park, your car becomes part of that public space.
The Penalties You Face
The Delhi Police conduct regular night drives specifically targeting this behavior. If caught, you face:
- Arrest: You can be detained and taken to the police station.
- Fines & Jail: The penalty under the Excise Act for drinking in public and creating a nuisance involves fines ranging from ₹5,000 to ₹10,000 and imprisonment of up to 3 months.
- Vehicle Impoundment: Your vehicle may be seized as case property.
What to do if Police approach you?
- Do not run or drive away: Fleeing will instantly convert a public drinking charge into a dangerous driving/hit-and-run scenario.
- Do not argue the law on the road: The police officer knows the Excise Act better than your friends do. Arguing aggressively often leads to additional charges of “obstructing a public servant.”
- Cooperate and call a lawyer: The offense is compoundable/bailable in most scenarios. A lawyer can represent you in court to pay the fine and dispose of the matter cleanly without a protracted trial.
Legal Assistance for Traffic & Excise Challans
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
📍 Chamber: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Call/WhatsApp: +91-8766252309