BNS Section 355 – Misconduct in Public by Drunken Person

Section Overview

Section Number: 355
Section Title: Misconduct in Public by a Drunken Person
Act: Bharatiya Nyaya Sanhita, 2023 (BNS)
Status: Active (Replaced IPC provisions)
Applicability: Entire India under BNS jurisdiction

Original Legal Text

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass for 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.

Applicability

This section applies to:

• Public drunken behaviour

• Alcohol-induced nuisance in streets or public spaces

• Trespass while intoxicated

• Disturbance caused in markets, roads, or public transport

• Annoying or offensive conduct due to intoxication

• Minor public order violations

Section Explanation

Simple Explanation (Plain English)

BNS Section 355 punishes a person who is drunk in public and behaves in a way that:

• Causes annoyance to others

• Disturbs peace in public places

• Enters restricted/private places while intoxicated

👉 It is a minor public nuisance offence focusing on maintaining public discipline.

Hinglish Explanation

Agar koi vyakti sharab ke nashe mein public place par aakar:

• logon ko pareshan karta hai

• gandi harkatein karta hai

• ya kisi private jagah ghus jata hai

to ye BNS Section 355 ke under offence hota hai.

Legal Definition

Section 355 criminalises:

• Intoxicated presence in public or trespassed areas

• Conduct causing annoyance to others

• Minor disorderly behaviour

• Non-serious but disturbing public conduct

The emphasis is on public inconvenience rather than serious crime.

Practical Interpretation

Courts and police apply this section in situations like:

• Drunk individuals shouting in public

• Creating nuisance at railway stations or bus stops

• Disorderly behaviour at markets or parks

• Trespassing while intoxicated

• Minor altercations due to alcohol consumption

Authorities consider:

• Level of intoxication

• Nature of behaviour

• Public impact

• Whether complaint or disturbance occurred

Punishment & Legal Classification

Punishment

• Simple imprisonment up to 24 hours, or

• Fine up to ₹1000, or

• Both

• Community service (as alternative punishment)

Bailable or Non-Bailable

• Bailable

Cognizable or Non-Cognizable

• Generally Non-Cognizable

Compoundable

• Usually Compoundable

Triable By

• Judicial Magistrate First Class (JMFC)

IPC ↔️ BNS Mapping

Mapping Explanation

BNS Section 355 replaces IPC Section 510, which dealt with:

• Drunken misconduct in public places

• Minor public nuisance due to intoxication

The BNS modernises the punishment by adding community service option.

Real-Life Examples

Example 1: Public Market Disturbance

A drunk person enters a crowded market and starts shouting at strangers without reason.

👉 Causes public annoyance → Section 355 applies.

Example 2: Trespass While Intoxicated

An intoxicated person enters a private residential building and refuses to leave.

👉 Trespass + intoxication → Section 355 applies.

Example 3: Bus Station Nuisance

A drunk passenger creates chaos at a bus stand, disturbing others waiting for transport.

👉 Public nuisance → Section 355 applies.

Landmark Judgments

Case Name: State v. Raju (Illustrative Principle)

Court: High Court

Key Takeaway:

Public drunken behaviour that disturbs peace or causes annoyance can be punished even if no physical harm occurs.

Case Name: Shyam Lal v. State (Illustrative Principle)

Court: High Court

Key Takeaway:

Minor intoxicated misconduct falls under public order offences and can be dealt with summary procedure.

Judicial Principles

• Intoxication alone is not crime

• Disorderly conduct is essential

• Public annoyance must be established

• Offence is minor and summary in nature

Legal Insights

When is Section 355 Applied?

• Street drunkenness causing nuisance

• Public transport disturbance

• Minor disorderly conduct in public

• Trespassing under intoxication

• Noise complaints due to intoxication

Common Misuse Scenarios

• Over-policing of harmless behaviour

• Personal disputes being framed as drunken misconduct

• Misidentification of normal alcohol consumption as offence

• Lack of evidence of actual annoyance

Defenses Available

 No Annoyance Caused

Behaviour did not disturb others.

Not Intoxicated

Accused was not under influence.

Private Place Consent

No trespass occurred.

False Complaint

Allegation based on misunderstanding.

No Public Element

Incident occurred in private setting.