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Bharatiya Nyaya Sanhita, 2023 Chapter XIX · Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc.
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Bharatiya Nyaya Sanhita, 2023 — Section 355

Misconduct in Public by a Drunken Person

Section 355 punishes a person who, in a state of intoxication, appears in a public place (or in any place which it is a trespass in him to enter) and there conducts himself in such a manner as to cause annoyance to any person. The punishment is simple imprisonment for up to twenty-four hours, or a fine of up to one thousand rupees, or both, or community service. Compared with IPC Section 510, the fine ceiling has risen from ten rupees to one thousand rupees and community service has been added.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which itself marks this section “Change,” and cross-checked directly against the bare text of both Acts. Section 355 is classed as Substantively changed on Lexovia's own comparison of the two texts — it descends from one section of the old Indian Penal Code, 1860, and the punishment wording differs:

BNS sectionIPC, 1860 equivalentCategory
355S.510 “Misconduct in public by a drunken person”Substantively changed

A word-by-word comparison of BNS Section 355 with IPC Section 510 shows exactly two differences, both in the punishment: (1) the ceiling on the fine, which is “ten rupees” in IPC Section 510 and “one thousand rupees” in BNS Section 355; and (2) an additional alternative in BNS Section 355, which ends “or with both or with community service,” where IPC Section 510 ends “or with both.” The description of the offence (a state of intoxication; appearing in any public place, or in any place which it is a trespass in him to enter; conducting himself in such a manner as to cause annoyance to any person), the imprisonment limit (simple imprisonment for a term which may extend to twenty-four hours) and the marginal heading are word-for-word the same in both Acts.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment (First Schedule wording): “Simple imprisonment for 24 hours, or fine of 1,000 rupees, or both or with community service.” (Schedule wording quoted as it reads; the section itself provides simple imprisonment for a term which may extend to twenty-four hours, or fine which may extend to one thousand rupees, or both or community service.)
Non-cognizable · Bailable · not compoundable (the offence appears in neither compounding table of BNSS Section 359) · triable by any Magistrate.

Statutory Text (Verbatim)

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with both or with community service.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

Section 355 deals with a narrow situation: a person who is intoxicated, is in a particular kind of place, and behaves there in a way that annoys someone. All three elements must be present. First, the person must be “in a state of intoxication.” Second, the person must “appear” in one of two kinds of place: any public place, or any place which it is a trespass in him to enter. Third, the person must there conduct himself in such a manner as to cause annoyance to any person. The section does not punish intoxication as such, and it does not punish a person who is intoxicated in a place that is neither public nor one he is trespassing in; it is the combination of the state, the place and the annoying conduct that makes the offence.

Section 2 of the Sanhita does not define “intoxication,” “public place” or “annoyance.” It does define “public” in clause 2(27) as including any class of the public or any community, but that is a definition of “public,” not of a “public place.” The section also uses the plain word “trespass” rather than “criminal trespass” (the latter is defined in Section 329(1)); the section's own words are therefore the guide to how these expressions are applied. The section does not mention any particular intention or knowledge on the offender's part as an ingredient: its ingredients are the state, the place and the conduct. Section 23 (which speaks of intoxication that incapacitates a person where the intoxicating thing was administered without his knowledge or against his will) and Section 24 (which deals with offences requiring a particular knowledge or intent when the act is done in a state of intoxication) are separate provisions with their own wording, and should be read for themselves.

The section is distinct from neighbouring provisions that also involve public conduct. Section 296 punishes doing any obscene act in a public place, or singing, reciting or uttering any obscene song, ballad or words in or near a public place, to the annoyance of others, and is built around obscenity rather than intoxication. Section 194 (affray) concerns two or more persons fighting in a public place and disturbing the public peace. Section 355 needs neither obscenity nor fighting: it is built on the offender's intoxicated state and annoying conduct.

On punishment and procedure: simple imprisonment (Section 4(c)(2)) for a term which may extend to twenty-four hours, or fine which may extend to one thousand rupees, or both, or community service. Community service is listed as a punishment in Section 4(f) and is referred to in Section 8(4) and 8(5) (imprisonment in default of community service); the Explanation to Section 23 of the BNSS describes it as work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he is not entitled to any remuneration. Under the BNSS First Schedule the offence is non-cognizable (a police officer has no authority to arrest without warrant — BNSS Section 2(1)(o)), bailable, and triable by any Magistrate (which, per the Schedule's own explanatory note, does not include Executive Magistrates). For a bailable offence, BNSS Section 478(1) is the relevant bail provision. It provides that a person other than one accused of a non-bailable offence, who is arrested or detained without warrant by an officer in charge of a police station, or who appears or is brought before a Court, and is prepared to give bail, “shall be released on bail,” subject to its provisos. Section 355 appears in neither of the two compounding tables of BNSS Section 359, and Section 359(9) provides that no offence shall be compounded except as provided by that section.

Illustration (Lexovia's Own Example)
Arjun, after drinking heavily at a wedding reception, arrives at a crowded bus stand late in the evening. He lurches into the waiting queue, sings loudly out of tune and shouts at passers-by, so that several passengers complain and move away from him. Arjun was in a state of intoxication; he appeared in a public place; and his conduct there was such as to cause annoyance to persons around him. He is liable under Section 355. If the same conduct had taken place entirely inside Arjun's own home, the place ingredient would not, on those facts, be met: his own home would not ordinarily be a public place, and he would not be a trespasser in it.
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Related / Cross-Referenced Sections

FAQs

What is the punishment under BNS Section 355?

Simple imprisonment for a term which may extend to twenty-four hours, or fine which may extend to one thousand rupees, or both, or community service.

Is Section 355 bailable, and which court tries it?

Under the First Schedule to the BNSS it is non-cognizable and bailable, and triable by any Magistrate. It is not compoundable: it appears in neither table of BNSS Section 359.

Is being drunk at home an offence under Section 355?

The section applies to a person who, in a state of intoxication, appears in a public place or in a place which it is a trespass in him to enter, and there conducts himself so as to cause annoyance to any person. It does not, on its words, make intoxication as such an offence, and it requires the place and the annoying conduct as well.

What if a person became intoxicated without knowing it?

Section 23 of the Sanhita is a separate provision that speaks of a person who, by reason of intoxication, is incapable of knowing the nature of the act, or that it is wrong or contrary to law, where the intoxicating thing was administered to him without his knowledge or against his will. Whether it can apply depends on its own wording and the facts, and it should be read in full.

What is “community service” as a punishment?

Community service is listed in Section 4(f) of the Sanhita. The Explanation to Section 23 of the BNSS describes it as work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he is not entitled to any remuneration.

Has anything changed from IPC Section 510?

Yes, in the punishment only: the fine ceiling has risen from ten rupees to one thousand rupees, and community service has been added as a further alternative. The description of the offence and the twenty-four hour imprisonment limit are word-for-word the same.

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