Can Drinking Without Wife’s Consent Send You to Jail? Know The Law

Preparations to welcome New Year 2026 are in full swing across the country. While many people are in a celebratory, party-ready mood, a different kind of news is spreading rapidly on social media. This viral update is especially catching the attention of husbands who tend to create chaos at home under the influence of alcohol.

According to widely circulated reports, a husband could face up to three years in jail if he consumes alcohol without his wife’s consent.

Alcohol consumption is common during New Year celebrations. Against this backdrop, viral videos and messages on social media are issuing a strong warning to husbands who drink excessively.

The claim being made is that drinking alcohol without a wife’s permission could directly lead to a three-year

jail term. This claim has been linked to a provision under the Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on July 1, 2024.

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In reality, this provision is an upgraded version of the old IPC Section 498A, now included under Section 85 of the BNS. According to this section, if a husband consumes alcohol or any intoxicating substance and then subjects his wife to physical or mental cruelty, creates disturbances at home, or puts her safety, mental peace, or dignity at risk, the wife has the right to file an FIR against him.

The offence can attract up to three years of imprisonment along with a fine. However, many news reports and social media posts have simplified this as “drinking without the wife’s permission.”

For instance, if a wife has clearly stated that her husband should not return home drunk because it leads to fights or violence, and he still does so, it can be treated as an act of cruelty under the law.

The government argues that over 40 per cent of domestic violence cases involve alcohol as a contributing factor. The new law, therefore, aims to provide stronger protection to women.

A wife can seek legal safeguards, request a separation order, or ask the court to place the husband under a good behaviour bond. Legal experts have clarified that mere consumption of alcohol does not automatically result in imprisonment.

Cruelty, harassment, or abuse must occur under the influence of alcohol for the law to apply. If a husband drinks peacefully and does not engage in violence or harassment, this section will not be invoked.

The provision is designed to curb domestic violence—not to impose a blanket ban on alcohol consumption. The message has gone viral ahead of the New Year, with many people jokingly saying that husbands may now need to “take permission from their wives” before drinking.