Section 510 IPC: Misconduct in public by a drunken person

Indian Penal Code, 1860

Section 510 IPC at a Glance

Section 510 IPC deals with misconduct in public by a drunken person. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 355 BNS.

Punishment

Simple imprisonment for up to twenty-four hours.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
BNS Equivalent

Section 355 โ†’

Section 510 IPC Bare Act Text

510. 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 ten rupees, or with both.

Source: Section 510, Indian Penal Code, 1860

Section 510 IPC in Simple Words

Section 510 of the Indian Penal Code (IPC) punishes a person who, 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. The punishment is simple imprisonment for up to twenty-four hours, or fine of up to ten rupees, or both.

Ingredients of Section 510 IPC

  • The accused is in a state of intoxication
  • In that state he appears in a public place, or in any place which it is a trespass in him to enter
  • There he conducts himself in such a manner as to cause annoyance to any person

Punishment Under Section 510 IPC

Imprisonment

Simple imprisonment for up to twenty-four hours.

Fine

Fine of up to ten rupees in place of imprisonment, or both.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

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 ten rupees, or both. It is non-cognizable and bailable, triable by any Magistrate, and not compoundable.

Example of Section 510 IPC

In 2016 in Guwahati, Deepak consumed a large quantity of liquor and wandered in a state of intoxication into a municipal park, where he kicked over flowerpots and threw gravel across the walking path used by Harish and other visitors. Deepak appeared in a public place while in a state of intoxication and conducted himself there in a manner that caused annoyance to Harish. Deepak is punishable under Section 510 IPC.

When Section 510 IPC Does Not Apply

  • Section 510 IPC does not apply when a person behaves in an annoying manner in a public place while sober rather than in a state of intoxication.
  • Section 510 IPC does not apply when an intoxicated person is present in a public place or trespasses on property but behaves quietly without causing annoyance to anyone.
  • Section 510 IPC does not apply when an intoxicated person causes annoyance inside private premises that he has a lawful right to enter and where his presence is not a trespass.

Section 510 IPC in the BNS

Section 510 IPC is now covered under Section 355 BNS.

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 detailed comparison (IPC 510 vs BNS 355) โ†’

FAQs on Section 510 IPC

What does Section 510 IPC punish?โ–ผ

It punishes appearing in any public place, or in any place which it is a trespass to enter, in a state of intoxication and there conducting oneself in such a manner as to cause annoyance to any person, with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

Is being drunk in public by itself punishable under Section 510 IPC?โ–ผ

No. Mere intoxication in public does not constitute an offence under Section 510 IPC. The person must also conduct himself in such a manner as to cause annoyance to another person.

Does Section 510 IPC apply outside public places?โ–ผ

Yes. It also applies where the intoxicated person enters any place which it is a trespass in him to enter, and there causes annoyance.

Is Section 510 IPC cognizable and bailable?โ–ผ

Section 510 IPC is bailable and non-cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 510 IPC?โ–ผ

Any Magistrate may try an offence under Section 510 IPC.

Can an offence under Section 510 IPC be compounded?โ–ผ

No. Section 510 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Where is Section 510 IPC placed in the Bharatiya Nyaya Sanhita?โ–ผ

It is placed in Section 355 BNS, which retains the twenty-four hours simple imprisonment while raising the maximum fine to one thousand rupees and adding community service.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท