Indian criminal law | Updated 31 October 2026
IPC Section 510 and BNS Section 355: Misconduct in Public by a Drunken Person
Section 510 of the Indian Penal Code, 1860 punished intoxicated persons who caused annoyance through their conduct in a public place or a place they unlawfully entered. From 1 July 2024, the corresponding provision is Section 355 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The new law increases the maximum fine and provides community service as an alternative punishment.
Definition: misconduct in public by a drunken person
The offence concerns conduct causing annoyance while the person is intoxicated in a public place, or in a place where the person is a trespasser. Merely consuming alcohol, or being intoxicated without the statutory conduct and location requirements, is not enough to establish this particular offence. Separate state excise, public order or other criminal laws may apply depending on the circumstances.
Original statutory text of IPC Section 510
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.
Corresponding current law: BNS Section 355
BNS Section 355 substantially retains the conduct requirements of IPC Section 510. The punishment is simple imprisonment up to twenty-four hours, or fine up to one thousand rupees, or both, or community service. Refer to the enacted text for the precise statutory wording.
Legal transition: The BNS took effect on 1 July 2024. For alleged acts before that date, IPC Section 510 may continue to be relevant subject to repeal, savings and transitional provisions.
Essential ingredients of IPC 510 and BNS 355
- Intoxication: The accused was in a state of intoxication at the relevant time.
- Relevant location: The accused appeared in a public place or in a place where entry amounted to trespass.
- Misconduct: The accused behaved in a manner causing annoyance to another person.
- Proof: The evidence must establish the required facts, rather than relying solely on an allegation that someone had consumed alcohol.
Examples
An intoxicated person shouting and persistently harassing passers-by at a public bus stand may fall within the provision if the statutory elements are proved. Conversely, an intoxicated person quietly travelling home without annoying anyone does not satisfy this offence merely by being intoxicated. Other laws may nevertheless govern public drinking or intoxication.
Punishment under IPC 510 versus BNS 355
| Issue | IPC Section 510 | BNS Section 355 |
|---|---|---|
| Maximum imprisonment | Simple imprisonment up to 24 hours | Simple imprisonment up to 24 hours |
| Maximum fine | Rs. 10 | Rs. 1,000 |
| Other punishment | Imprisonment or fine or both | Imprisonment or fine or both, or community service |
| Relevant period | Historical offences, subject to savings | Generally offences from 1 July 2024 |
Community service is a statutory sentencing option under the BNS; it is not an additional monetary fine. The competent court determines the sentence on the facts and applicable law.
Complaint, bail and investigation procedure
Under the general classification in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), this offence is non-cognizable and bailable. A non-cognizable offence ordinarily requires the prescribed Magistrate's order before police investigation, unless another cognizable offence is involved. Bailable classification means bail is available as of right subject to applicable legal requirements.
Witness testimony, contemporaneous complaints, CCTV footage, other electronic records and surrounding circumstances may be relevant. The police and court should distinguish ordinary intoxication from proven annoyance-causing misconduct. For practical information, read how to report an offence and what to do if police do not register a complaint.
State laws: Liquor consumption, public drinking, nuisance and disorderly conduct may also be regulated by state-specific statutes. The facts and applicable state legislation must be checked separately.
IPC Section 510 case laws and judicial interpretation
Courts assessing this offence must consider the exact statutory ingredients: intoxication, the location, and conduct that causes annoyance. General principles of criminal proof require the prosecution to establish the alleged offence beyond reasonable doubt. This page does not attribute any unverified case-specific ruling to the Supreme Court or a High Court. For a broader collection, see Indian Penal Code case laws and citations.
Frequently asked questions
Is being drunk in public itself an offence under BNS Section 355?
Not by itself under this provision. The prosecution must establish intoxication, presence in a public place or a place unlawfully entered, and conduct causing annoyance to a person.
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, as provided by the section.
What was the punishment under IPC Section 510?
Simple imprisonment up to 24 hours, or a fine up to Rs. 10, or both.
Is this a cognizable or bailable offence?
Under the general classification in the BNSS First Schedule, the offence is non-cognizable and bailable. Applicable state laws or additional offences may change how a particular incident is handled.
Can IPC Section 510 still apply?
It may remain relevant to alleged acts committed before 1 July 2024, subject to applicable savings and transitional rules.
Official legal sources
- India Code: Bharatiya Nyaya Sanhita, 2023 - Section 355.
- India Code: Indian Penal Code, 1860 - historical Section 510.
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 - First Schedule and procedural provisions.
- Ministry of Home Affairs - criminal law notifications.
This article provides general legal information. Classification and procedure may be affected by other charges and applicable state legislation.