Section 355 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a clear and detailed overview of Section 355 of the Bharatiya Nyaya Sanhita, 2023:
🛑 Section 355 – Misconduct in Public by a Drunken Person
🔍 Offence Defined
Occurs when a person “in a state of intoxication” appears in any public place—or enters a place he has no right to—and behaves in such a manner as to cause annoyance to others
🔒 Punishment
Simple imprisonment for up to 24 hours,
Or a fine of up to ₹1,000,
Or both,
Alternatively, the court may order community service instead of imprisonment or fine.
📌 Offence Category
Classified under Chapter XIX: Criminal Intimidation, Insult, Annoyance, Defamation, etc.
Mirrors the old Section 510 IPC (misconduct by intoxicated person), but now includes an explicit alternative sentence option (community service).
✅ Key Facts at a Glance
| Aspect | Details |
|---|---|
| State of Intoxication | Must be intoxicated (alcohol or other substance). |
| Location | Public place, or private place trespassed upon. |
| Behavior Standard | Causing annoyance to any person (objectively assessed). |
| Sentence | ≤ 24 hrs simple imprisonment or ≤ ₹1,000 fine or both or community service. |
| Procedure | Non-cognizable, bailable offence; tried by any Magistrate. |
Notably, under reforms effective July 1, 2024, courts may utilize community service—ranging from 40 to 240 hours—for minor offences like this under Section 4(f) of BNS, offering a rehabilitative alternative. (myjudix.com, lawrato.com, timesofindia.indiatimes.com)
🧾 Highlights
Designed to discourage disruptive behaviour in public due to intoxication.
Offers flexibility with alternative sentencing—a shift toward reformative justice.
Retains alignment with former IPC provisions to ensure legal continuity, while modernizing sentencing methods.
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