This section addresses the behavior of individuals who, while intoxicated, appear in public places or trespass into private areas and cause annoyance to others. It aims to maintain public order and prevent disturbances caused by intoxication.
SECTION 355 BNS - Bharatiya Nyaya Sanhita 2023
Reviewed by Advocate Ankit Chaudary
Misconduct in Public by a Drunken Person
Key Elements of the Offence
- State of Intoxication: The person must be visibly intoxicated.
-
Location: The individual must appear in:
- A public place.
- A place where their presence constitutes trespassing.
- Conduct: The behavior of the person must cause annoyance to others present in that location.
Punishment
- Imprisonment: Simple imprisonment for up to 24 hours.
- Fine: Up to 1,000 rupees.
- Community Service: As an alternative punishment in applicable cases.
- Combination: Both imprisonment and fine can be imposed based on the severity of the misconduct.
Key Details
| Offence | Punishment | Cognizable | Bailable | Triable By |
|---|---|---|---|---|
| Appearing in public or trespassing while intoxicated, causing annoyance | Simple imprisonment for 24 hours, fine of 1,000 rupees, or both, or community service | Non-cognizable | Bailable | Any Magistrate |
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