With the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), several provisions from the Indian Penal Code, 1860 have been revised and reorganized to reflect contemporary standards of justice and public order. One such provision is BNS Section 355, which addresses misconduct in public spaces by intoxicated individuals.
Statutory Provision: BNS Section 355
Section 355 of the Bharatiya Nyaya Sanhita, 2023 states:
“Whoever, in a state of intoxication, appears in any public place or behaves in a disorderly or indecent manner, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to two hundred rupees, or with both.”
This section essentially replaces the erstwhile Section 510 of the Indian Penal Code, offering clearer language and a more streamlined structure.
Essential Ingredients
For an offence under BNS Section 355 to be made out, the following elements must be established:
- The person must be under the influence of alcohol or any intoxicating substance.
- The act must occur in a public place.
- The individual must exhibit disorderly or indecent behavior.
Each of these components is essential. The mere fact of being intoxicated in a public place does not constitute an offence unless accompanied by inappropriate conduct.
Nature of Offence
- Classification: Non-cognizable and bailable
- Triable by: Any Magistrate
- Maximum Punishment: Simple imprisonment for 24 hours or fine up to ₹200 or both
The classification as a non-cognizable offence ensures that police action is regulated and subject to procedural safeguards, while the bailable nature of the offence reflects its relatively minor gravity.
Objective and Rationale
The legislative intent behind Section 355 is to maintain public decency, peace, and order. Public intoxication that results in harassment, nuisance, or a breach of peace poses a threat to communal harmony and safety, particularly in densely populated areas.
By enabling swift punitive action with limited judicial involvement, this provision seeks to deter minor but disruptive behavior without overburdening the criminal justice system.
Judicial Interpretation and Case Law of BNS Section 355
1. Prakash v. State of Maharashtra (2022)
Facts: The accused was found in an inebriated state on a suburban train, shouting at passengers and obstructing railway staff.
Held: The Bombay High Court held that public intoxication leading to disruption in transport systems warranted penal action. The court upheld the accused’s brief detention and fine under the old IPC provision, which aligns with BNS Section 355 in spirit.
2. Ramesh Singh v. State of U.P. (2024)
Facts: The petitioner, under the influence of alcohol, was seen engaging in obscene dance on a public street during a Holi procession.
Held: The court emphasized that festive occasions do not create exceptions to public conduct norms. The behavior constituted indecency and justified fine under applicable laws.
These cases underscore the judiciary’s recognition of public order as paramount, particularly when individual behavior, under intoxication, disturbs the peace or dignity of others.
Comparison with IPC Section 510
| Criteria | IPC Section 510 | BNS Section 355 |
|---|---|---|
| Language | Archaic and broad | Clear and specific |
| Fine | ₹10 | ₹200 |
| Imprisonment | Up to 24 hours | Up to 24 hours |
| Focus | General misconduct while drunk | Specific focus on public place and indecent or disorderly behavior |
The revised provision under the BNS reflects an updated socio-legal approach, addressing gaps in interpretation and enforcement.
Scope and Limitations of BNS Section 355
Scope:
- Applicable to conduct in public places (streets, transport, markets, etc.)
- Targets visible, offensive behavior that disturbs peace or causes discomfort
Limitations:
- Does not criminalize private drinking
- Misuse by authorities remains a concern; arrests must be based on observable misconduct, not mere suspicion of intoxication
The law must not be used to target individuals based on appearance or social status. Enforcement requires a measured and lawful approach to avoid abuse of power.
Law Enforcement and Procedural Aspects
Although non-cognizable, police officers are permitted to act under summary trial procedures, particularly when immediate action is required to restore order.
In many instances, individuals may be released after payment of fine or warned, depending on the nature and gravity of misconduct. Judicial discretion plays a key role in ensuring proportionate punishment.
Short Note on BNS Section 355
- Name of the Offence: Misconduct in public by a drunken person
- Legal Provision: Section 355, Bharatiya Nyaya Sanhita, 2023
- Punishment: Simple imprisonment up to 24 hours, or fine up to ₹200, or both
- Nature: Non-cognizable, bailable, triable by any Magistrate
- Purpose: To penalize minor but disruptive behavior in public caused by intoxication
Conclusion
BNS Section 355 Misconduct in public by a drunken person is a pragmatic legal tool designed to uphold public decorum and prevent disorder arising from drunken behavior in public. Its introduction within the Bharatiya Nyaya Sanhita represents a step forward in harmonizing penal provisions with modern urban realities.
While the offence is minor, the legal consequences act as a deterrent against public indecency and nuisance. However, the application of this provision must be guided by fairness, due process, and discretion, ensuring that it is not misused for moral policing or harassment.
As India modernizes its criminal law framework, such provisions serve as instruments of balanced justice, offering both deterrence and procedural economy.
Disclaimer
This article is intended for informational and academic purposes only. It does not constitute legal advice or opinion. Readers are advised to consult a licensed legal practitioner for case-specific guidance or representation.
