Indian Criminal Law | Updated October 2026
IPC Section 510 and BNS Section 355: Misconduct in Public by a Drunken Person
Understand when intoxicated conduct in a public place becomes a criminal offence, the punishment under the old Indian Penal Code and current Bharatiya Nyaya Sanhita, and the applicable complaint and bail procedure.
What is misconduct in public by a drunken person?
Section 355 BNS addresses a person who, while intoxicated, appears in a public place or in a place which it is a trespass for that person to enter, and behaves there in a manner that causes annoyance to another person. The provision targets the specified misconduct, not simply the consumption of alcohol or a person's state of intoxication.
Its predecessor, Section 510 IPC, used substantially the same description of prohibited conduct. The principal changes under the BNS concern the fine and the availability of community service.
IPC 510 vs BNS 355: Punishment and key differences
| Issue | IPC Section 510 (historical) | BNS Section 355 (current) |
|---|---|---|
| Offence | Intoxicated misconduct causing annoyance in a public place or place entered by trespass | Substantially the same conduct |
| Maximum imprisonment | Simple imprisonment up to 24 hours | Simple imprisonment up to 24 hours |
| Maximum fine | Rs. 10 | Rs. 1,000 |
| Other sentencing option | Imprisonment, fine or both | Imprisonment, fine, both, or community service |
| General application | Acts governed by IPC, including pre-1 July 2024 conduct subject to savings | Acts governed by BNS from 1 July 2024 |
The court determines the appropriate punishment within the statutory limits. Community service is an alternative expressly included in the BNS text.
Original text of IPC Section 510
The uploaded webpage contained the following statutory provision, retained here as a historical reference:
510. 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 ten rupees, or with both.
For incidents occurring before the new criminal laws commenced, the applicable IPC provisions and savings rules should be examined. Do not substitute the BNS fine for the former IPC punishment without considering the date of the alleged offence.
Current wording and effect of BNS Section 355
BNS Section 355 retains the same principal conduct elements. Its punishment is simple imprisonment for up to 24 hours, or a fine up to Rs. 1,000, or both, or community service. The authoritative enacted wording can be checked in the official BNS Act PDF on India Code.
Essential ingredients of the offence
- Intoxication: The person must be in a state of intoxication at the relevant time.
- Place: The person must appear in a public place or in a place that the person enters as a trespasser.
- Conduct: The person must behave there in a manner that causes annoyance to someone.
- Evidence: The alleged facts must establish the statutory requirements; mere suspicion or an allegation that someone consumed alcohol is not enough by itself.
Does every instance of public drinking amount to this offence?
No. Section 355 requires the combination of intoxication, the specified location, and conduct causing annoyance. Separate State excise laws, public-drinking restrictions, nuisance rules or other criminal provisions may apply independently, depending on the jurisdiction and facts.
Is BNS Section 355 cognizable or bailable?
| Classification under the central BNSS First Schedule | Position |
|---|---|
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Court | Any Magistrate |
For a non-cognizable offence, the ordinary procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) involves recording the information and referring the informant to a Magistrate. Police investigation generally requires an order of the Magistrate, unless other applicable provisions change the position. If cognizable offences are also alleged, the procedural analysis may differ.
As the offence is bailable under the central schedule, the applicable statutory right to bail must be respected. Check any relevant State amendments, local laws and additional charges before drawing conclusions about a specific case.
Evidence and complaint
Potential evidence includes witness accounts, CCTV recordings, contemporaneous complaints and other lawful records showing intoxication, location and conduct. Medical evidence may assist in an appropriate case, but the facts must be evaluated under the applicable evidentiary rules. For general guidance, see how to make a police complaint and options when police do not register a complaint.
Illustrations
- Annoyance in a public place: A visibly intoxicated person creates a disturbance at a public bus stand and causes annoyance to waiting passengers. The offence may be made out if the statutory elements are established.
- Unlawful entry: An intoxicated person enters private premises as a trespasser and behaves in a manner causing annoyance. The location requirement may be met even though the premises are not open to the public.
- No annoying conduct: A person is intoxicated but does not engage in conduct causing annoyance. Intoxication alone does not establish this particular offence, although other laws may apply.
These examples illustrate legal elements only; actual liability depends on admissible evidence and the surrounding circumstances.
Related IPC provisions and legal guides
Compare IPC Section 504 (intentional insult), IPC Section 506 (criminal intimidation punishment), and IPC Section 509 (insulting the modesty of a woman). These are separate offences with different legal ingredients and punishments.
Frequently asked questions
Which BNS section replaces IPC Section 510?
Section 355 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 510 and applies under the new criminal-law framework from 1 July 2024, subject to transitional rules.
What is the punishment under BNS Section 355?
Simple imprisonment for up to 24 hours, or a fine up to Rs. 1,000, or both, or community service.
Is drunkenness alone an offence under this section?
No. The statutory ingredients include intoxication, presence in a public place or a place entered by trespass, and conduct causing annoyance to a person.
Is BNS Section 355 bailable and cognizable?
Under the central BNSS First Schedule, it is non-cognizable and bailable and is triable by any Magistrate. State-specific law and other alleged offences may affect the case.
Can a police officer investigate a non-cognizable complaint?
The BNSS generally requires a Magistrate order for police investigation of a non-cognizable offence, subject to the applicable provisions and any other cognizable offences in the same case.
How is IPC Section 510 different from BNS Section 355?
The elements are substantially similar, but the maximum fine increases from Rs. 10 to Rs. 1,000 and community service is added as an alternative punishment.
Official statutory sources
- India Code: Bharatiya Nyaya Sanhita, 2023, Section 355 (official PDF).
- National Crime Records Bureau: BNSS First Schedule, Section 355 entry.
- India Code: official central legislation portal (search the Indian Penal Code, 1860 and BNSS, 2023).
- Ministry of Home Affairs: criminal-law notifications and resources.
This article is general legal information, not a substitute for case-specific advice. Verify applicable legislation, commencement and State amendments before relying on it in a proceeding.