Misconduct in public by a drunken person
Section 355 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 w The Act came into force on 01 Jul 2024.
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.
Section 355, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 510 Misconduct in public by a drunken person Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Appearing in a public place, etc., in a state of intoxication, and causing annoyance to any person. | Simple imprisonment for 24 hours, or fine of 1,000 rupees, or both or with community service. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Si of Polce vs Prakash
Decided under Indian Penal Code 510, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a criminal case remains pending for an extended period (over two years) without substantive progress, and the prosecution repeatedly fails to serve summons on the accused despite multiple opportunities and court orders, the court may exercise its discretion under Section 258 CrPC to stop proceedings and discharge the accused, as the principle that delayed justice is denied justice takes precedence over the state's interest in prosecution.
On this section: Read in conjunction with Section 4(1)(j) TN Prohibition Act; relates to misconduct in public by a person who is drunk or disorderly.
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State 430 IPC vs Onkar Supdu SonawaneKoli
Decided under Indian Penal Code 510, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When all prosecution witnesses are declared hostile by the prosecution itself and fail to support the prosecution's case, and when the complainant is not examined as a witness, the prosecution cannot discharge its burden of proving the accused's guilt beyond reasonable doubt. In such circumstances, the accused must be acquitted under CrPC Section 248(1), as the benefit of doubt must go to the accused.
On this section: Cited in charge sheet but not pursued in final judgment
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 355
What have the courts held on Section 355 of the Bharatiya Nyaya Sanhita?
Si of Polce vs Prakash (30 Jun 2026) is the leading judgment on this section among those set out below, though it was decided under IPC 510, which this section replaced -- the court never mentioned this Act: Read in conjunction with Section 4(1)(j) TN Prohibition Act; relates to misconduct in public by a person who is drunk or disorderly. Another 1 judgment on this section is set out below. They run from 2016 to 2026.
Is Section 355 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 355 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 355 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 355, section 355 BNS, section 355 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 355 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Si of Polce vs Prakash (30 Jun 2026).
What should I read with Section 355 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 510 (Misconduct in public by a drunken person), so the judgments decided under that provision are the case law on this one.
When did Section 355 of the Bharatiya Nyaya Sanhita come into force?
Section 355 of the Bharatiya Nyaya Sanhita, cited as BNS 355, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.