eMunshiFor citizens
BNS · Section 355 · Chapter XIX — OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.

Misconduct in public by a drunken person

What this section does

This section makes it an offence for a person who is intoxicated to appear in a public place (or a place they have no right to enter) and conduct themselves in a manner that causes annoyance to any person. The punishment is light and includes the option of community service.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Simple imprisonment up to 24 hours, or fine up to ₹1,000, or both, or community service.
Triable by
Any Magistrate
Cognizable
No
Bailable
Yes
Compoundable
Yes

Ingredients (what prosecution must prove)

  1. The accused was in a state of intoxication
  2. The accused appeared in a public place or a place which it was a trespass for them to enter
  3. The accused conducted themselves in a manner that caused annoyance to any person

Practitioner note

Community service is available as an alternative punishment, reflecting the BNS's introduction of this sentencing option for minor offences.

Old-law correspondence

Derived from IPC s.510.

Read the official text

For the binding statutory text of BNS Section 355, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 355 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.