“Can Police Enter Homes?” SC to test limits of Prohibition Law and Privacy Rights

On Tuesday, the Supreme Court widened the scope of an ongoing challenge to Bihar’s prohibition regime, deciding to examine whether police can enter private homes to conduct breath analyser tests and whether such powers withstand constitutional scrutiny, an issue with significant implications for privacy rights and criminal enforcement under the Bihar Prohibition and Excise Act, 2016.

The case arose from a High Court ruling that set aside an FIR registered against an individual accused of consuming alcohol at his residence, where the prosecution relied solely on a breath analyser reading. The State challenged this finding, arguing that the statutory framework permits reliance on such tests as admissible evidence. However, the core dispute revolves around whether a standalone breath analyser result can justify criminal prosecution and whether the law authorises intrusive enforcement measures, including entry into private dwellings. The controversy deepened as the Court chose to examine not just the evidentiary value of such tests but also the broader legality of enforcement mechanisms embedded in the statute.

The Bench signalled concern over the extent of police powers under the prohibition law, particularly in relation to personal liberty and privacy. It indicated that the legality of provisions enabling such actions requires closer scrutiny, especially where enforcement may extend into private spaces. The Court decided to test the validity of key statutory provisions, observing that the issue of whether authorities can subject individuals to such tests within their homes raises serious constitutional questions. In doing so, it expanded the scope of the appeal suo motu, noting that the permissibility of such measures must be examined beyond the limited factual dispute.

The matter has now been directed for further hearing on April 24.

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