Section 355 BNS: Misconduct in public by a drunken person
Bharatiya Nyaya Sanhita, 2023
Section 355 BNS at a Glance
Section 355 BNS deals with misconduct in public by a drunken person. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 510 IPC on 1 July 2024.
Simple imprisonment for up to twenty-four hours, or community service.
Section 355 BNS Bare Act Text
355. Misconduct in public by a drunken person
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: Section 355, Bharatiya Nyaya Sanhita, 2023
Section 355 BNS in Simple Words
Section 355 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who, in a state of intoxication, appears in any public place, or in any place which it is a trespass for him to enter, and conducts himself in a manner that causes annoyance to any person. The law is aimed at public disorder or drunken nuisance during trespass, not private drinking. This provision applies when someone is intoxicated in a street, market, bus stand, or similar public place, or while trespassing on another's property, and causes annoyance by shouting, abusing, or disturbing others.
It does not punish mere consumption of alcohol by itself. The practical purpose is to maintain public peace and prevent nuisance, with punishment of simple imprisonment up to twenty-four hours, fine up to one thousand rupees, both, or community service.
Ingredients of Section 355 BNS
- Appearing in a public place or entering a place by trespass while intoxicated under Section 355 BNS
- Conducting oneself in a manner that causes annoyance to any person present
Punishment Under Section 355 BNS
Simple imprisonment for up to twenty-four hours, or community service.
Fine of up to one thousand rupees in place of imprisonment, or both.
Public misconduct in an intoxicated state causing annoyance to any person is punishable with simple imprisonment for up to twenty-four hours, or fine of up to one thousand rupees, or both, or community service. It is non-cognizable and bailable, triable by any Magistrate, and not compoundable.
Example of Section 355 BNS
When Section 355 BNS Does Not Apply
- The accused is not in a state of intoxication, even if his conduct in a public place causes annoyance
- The accused is intoxicated but does not cause annoyance to any person
- The conduct occurs in a private place where the accused is lawfully entitled to be and is not committing trespass, such as his own house
Section 355 BNS in the IPC (Previous Law)
Section 355 BNS replaces Section 510 IPC from the old criminal code.
Section 510 IPC corresponds to Section 355 BNS. The twenty-four hours maximum simple imprisonment is maintained, but the maximum fine is increased from ten rupees to one thousand rupees, and community service is added as an alternative form of punishment.
View IPC Section 510 →FAQs on Section 355 BNS
Does Section 355 BNS punish drinking alcohol in private?▼
No. The section applies when an intoxicated person appears in a public place, or in a place which it is a trespass for him to enter, and causes annoyance to any person. Drinking in private where one is lawfully entitled to be is not enough.
What kind of behaviour would fall under Section 355 BNS?▼
Typical examples include shouting, abusing, creating a scene, or disturbing others while intoxicated in a public place or while trespassing. The key point is that the drunken conduct must cause annoyance to any person.
Is the offence under Section 355 BNS serious under the BNS?▼
No, it is a minor offence. The punishment is simple imprisonment for up to 24 hours, or a fine of up to 1,000 rupees, or both, or community service.
What is the current law for the offence under Section 355 BNS?▼
Section 355 of the Bharatiya Nyaya Sanhita (BNS), 2023 is the current law for misconduct in public by a drunken person. It carries forward the earlier offence while increasing the maximum fine to 1,000 rupees and adding community service as a punishment.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·