Penalty for being drunk and for disorderly behaviour
Section 85 of the Maharashtra Prohibition Act deals with penalty for being drunk and for disorderly behaviour. Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,- (a) for a first offence, with rigorous imprisonment for a term which may ext The Act was enacted on 20 May 1949.
1[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,-
(a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to 2[ten thousand rupees] :
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than 3[five thousand rupees]; and
(b) for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of 4[ten thousand rupees]:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than 5[seven thousand five hundred rupees].
6[(2) In prosecution for an offence under sub-section (1), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.]
Section 85, The Maharashtra Prohibition Act (Act 25 of 1949).
Questions about Section 85
What does Section 85 of the Maharashtra Prohibition Act deal with?
Section 85 of the Maharashtra Prohibition Act is headed "Penalty for being drunk and for disorderly behaviour". Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,- (a) for a first offence, with rigorous imprisonment for a term which may ext
How do I find court cases under Section 85 of the Maharashtra Prohibition Act?
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: Maharashtra Prohibition Act 85, section 85 Maharashtra Prohibition Act, section 85 of the Maharashtra Prohibition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was Section 85 of the Maharashtra Prohibition Act enacted?
Section 85 of the Maharashtra Prohibition Act, cited as Maharashtra Prohibition Act 85, was enacted on 20 May 1949 as Act 25 of 1949. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2039 words
- 143. Power of State Government to make rules1393 words
- 139. General powers of State Government in respect of licences, etc743 words
- 129A. Power to require persons to submit to medical examination, etc579 words
- 104. Compounding of offences445 words
- 78. Penalty for misconduct by licensed vendor or manufacturer423 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.