Response

Yes, as per the Motor Vehicle Act 2019, it is illegal to drive when you are drunk. Driving under the influence of alcohol is considered a criminal offence. As a responsible citizen in India, you must be aware of the punishment which is there for non-adherence to the drink and drive rules. The Motor Vehicles Act, 1988 -Section 185 considers drink and drive as illegal in India and is punishable under the Indian Penal Court.

And as per this Act, driving under the influence of alcohol or drugs will be punished for the first-time offence with police custody till 6 months and/or with a penalty of an amount which may be till INR 2000. If the same offence is repeated within a period of 3 years of so, the offence will be punished with imprisonment for till 2 years and/or with a fine of INR 3000.

As per the Passport Act if the applicant has any criminal history in the preceeding 5 years or any criminal trial is going on against him or her then a passport won’t be issued to the applicant. This is so that the applicant cannot travel outside the country while the trial is going on. This rule is applicable in crimes that are very immoral in nature. In case you have been involved in a criminal investigation but the charges against you were dropped, then you might need to submit the certificate affirming the same. This will also include cases where there are warrants issued in your name.

In this case it is just a drinking and driving case so it won’t affect your passport and visa. Although if you are a repeat offender then it might.

Reference: Indian Penal Code, 1860

Motor Vehicles Act, 1988

The Passports Act, 1967

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