Bharatiya Nyaya Sanhita, 2023
BNS Section 355
Misconduct in public by a drunken person
In one line
BNS Section 355 deals with misconduct in public by a drunken person and replaces IPC 510.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 355 | 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. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 355
355. 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 with fine which may extend to one thousand rupees, or with both or with community service.
What changed from the IPC
- IPC 510 → BNS 355: Fine is increased from ten rupees to one thousand, or with community service is added.
Frequently asked
What was BNS Section 355 in the IPC?
BNS Section 355 (Misconduct in public by a drunken person) replaces Section 510 of the Indian Penal Code, 1860. IPC 510 is now BNS 355.
What is the punishment under BNS 355?
Appearing in a public place, etc., in a state of intoxication, and causing annoyance to any person – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 355 bailable?
Bailable: BNS 355. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 350 — Making a false mark upon any receptacle containing goods
- BNS 351 — Criminal intimidation
- BNS 352 — Intentional insult with intent to provoke breach of peace
- BNS 353 — Statements conducing to public mischief
- BNS 354 — Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
- BNS 356 — Defamation
- BNS 357 — Breach of contract to attend on and supply wants of helpless person
- BNS 358 — Repeal and savings