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Section 355 — Misconduct in public by a drunken person
355
355
Misconduct in public by a drunken person
Bharatiya Nyaya Sanhita, 2023
Chapter XIX Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Public IntoxicationDrunkennessMisconductPublic OrderMinor
🗣️ Simple Explanation
What does this law say? Section 355 of the Bharatiya Nyaya Sanhita (BNS) addresses misconduct in public by a drunken person. If you are drunk and cause annoyance to others in a public place, you are breaking this law. This section does not replace any specific section of the IPC.
Why does this law exist? This law aims to maintain public order and safety. It prevents drunk people from disturbing others or causing harm. It ensures public spaces are safe and pleasant for everyone.
Real-life impact This law affects how people behave in public when intoxicated. It prevents drunk people from causing trouble or disturbing others. It helps maintain a peaceful environment in public areas.
What happens if you break this law? If you are drunk and cause annoyance in public, you could face up to 24 hours in jail. You might also have to pay a fine of up to one thousand rupees, or both. You could also be required to do community service. Police can arrest without warrant.
⚖️ Punishment

Simple imprisonment for up to twenty-four hours, or fine up to one thousand rupees, or both.

💡 Real Life Example

Rahul, drunk in a park, starts shouting and disturbing people. Rahul could be arrested. Amit, intoxicated, enters a private property and causes a disturbance. Amit could face legal consequences. Sneha, drunk, is causing a scene on a bus, annoying other passengers. Sneha could be arrested.

🛡️ KNOW YOUR RIGHTS
  • •If arrested, ask for a lawyer immediately.
  • •If you are falsely accused, gather witnesses.
  • •If you are injured, seek medical attention.
  • •You have the right to legal aid if you cannot afford a lawyer.
  • •Cooperate with the police but do not admit guilt without a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 355 of the BNS deals with misconduct in public by a drunken person. If you are drunk and cause annoyance to others in a public place, you are violating this law. The goal is to maintain public order and prevent disturbances. This section does not replace any specific section of the IPC.
The punishment for public intoxication can be up to 24 hours in jail. You might also have to pay a fine of up to one thousand rupees, or both. You could also be required to do community service. The severity of the punishment depends on the level of disturbance. This section does not replace any specific section of the IPC.
Yes, this offense is generally bailable. This means the police cannot arrest without a warrant. However, the court will decide whether to grant bail based on the specifics of the case. This section does not replace any specific section of the IPC.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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