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KembaraXtra - Bharatiya Nyaya Sanhita - Section 355: Misconduct in Public by a Drunken Person
Q1. What does Section 355 of the Bharatiya Nyaya Sanhita provide?
Answer:
Section 355 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with misconduct in public by a drunken person.
It provides that any person who, while intoxicated, appears in a public place and behaves in such a manner as to cause annoyance to any other person commits an offence.
The section is intended to preserve public order, peace, and public convenience by penalising disorderly conduct arising from intoxication.
Example / Application:
A person under the influence of alcohol enters a public park, shouts at visitors, and refuses to stop despite repeated requests. Such conduct may attract liability under Section 355.
Q2. Which provision of the Indian Penal Code corresponds to Section 355 of the Bharatiya Nyaya Sanhita?
Answer:
Section 355 of the Bharatiya Nyaya Sanhita, 2023 corresponds to Section 510 of the Indian Penal Code, 1860.
The substantive offence remains unchanged. However, the Bharatiya Nyaya Sanhita introduces two important changes:
- The fine has been increased from ₹10 to ₹1,000.
- Community service has been introduced as an alternative form of punishment.
These amendments modernise the provision while retaining its original purpose.
Example / Application:
A person convicted under Section 355 may now be directed to perform community service instead of only being subjected to imprisonment or fine, depending on the circumstances of the case.
Q3. What are the essential ingredients of the offence under Section 355?
Answer:
The offence under Section 355 consists of the following essential ingredients:
- The accused must be intoxicated (drunken).
- The accused must appear in a public place.
- The accused must conduct himself or herself in a manner that causes annoyance to another person.
All these ingredients must ordinarily be present before liability arises.
Example / Application:
An intoxicated individual boards a public bus and repeatedly abuses passengers, causing disturbance and annoyance. The ingredients of the offence are satisfied.
Q4. Is mere intoxication an offence under Section 355?
Answer:
No. Simple intoxication does not constitute an offence under Section 355.
A person does not become criminally liable merely because they have consumed alcohol or another intoxicating substance.
Liability arises only when the intoxicated person:
- Appears in a public place; and
- Behaves in a manner that causes annoyance to others.
Thus, the offence punishes disorderly public behaviour, not intoxication itself.
Example / Application:
A person quietly walks home after consuming alcohol without disturbing anyone. No offence under Section 355 is committed.
Q5. What is meant by a "public place" under Section 355?
Answer:
A public place is a location where members of the public have access, either freely or upon fulfilling lawful conditions.
Examples include:
- Public roads and streets.
- Parks.
- Markets.
- Railway stations.
- Bus stands.
- Government offices open to the public.
- Shopping centres.
- Public transport.
The offence applies only when the drunken person's conduct occurs in such a public place.
Example / Application:
An intoxicated person creates a disturbance inside a railway station waiting hall by shouting at passengers. Since the conduct occurs in a public place, Section 355 may apply.
Q6. What amounts to "annoyance" under Section 355?
Answer:
Annoyance refers to conduct that causes inconvenience, irritation, disturbance, or discomfort to other persons present in the public place.
Examples include:
- Shouting or using abusive language.
- Creating loud disturbances.
- Harassing members of the public.
- Refusing to leave a public place when lawfully requested.
- Behaving aggressively or disorderly.
The annoyance must result from the accused's conduct while intoxicated.
Example / Application:
A drunken person repeatedly shouts obscenities in a public market, frightening customers and disrupting business. Such behaviour amounts to annoyance.
Q7. Is mens rea required for an offence under Section 355?
Answer:
No. Section 355 does not expressly require proof of mens rea.
The prosecution is not required to prove that the accused intended to cause annoyance.
The offence is complete if:
- The accused was intoxicated;
- Appeared in a public place; and
- Conducted himself or herself in a manner causing annoyance to another person.
Example / Application:
A drunken individual unintentionally creates a disturbance by loudly shouting and obstructing people in a public street. Even without proving a deliberate intention to annoy, liability may arise if the statutory ingredients are established.
Q8. What is the punishment under Section 355?
Answer:
A person convicted under Section 355 may be punished with:
- Simple imprisonment;
- Fine up to ₹1,000;
- Community service; or
- Any other punishment authorised under the provision.
Compared with the Indian Penal Code, the Bharatiya Nyaya Sanhita significantly increases the monetary penalty and introduces community service as a reformative sentencing option.
Example / Application:
A first-time offender who becomes intoxicated and creates a minor public disturbance may be directed by the court to perform community service instead of undergoing imprisonment.
Q9. Why is Section 355 important?
Answer:
Section 355 seeks to maintain public peace, safety, and order by discouraging disruptive conduct resulting from intoxication.
The provision does not criminalise the consumption of alcohol itself. Instead, it penalises behaviour that interferes with the comfort, convenience, and safety of other members of the public.
By introducing community service, the Bharatiya Nyaya Sanhita also reflects a greater emphasis on reformative justice.
Example / Application:
Police remove a drunken person from a public street after the individual repeatedly obstructs pedestrians and creates a disturbance. The law protects public order without treating intoxication alone as a crime.
Key Provisions (Study Notes)
Section 355 BNS
- Equivalent to Section 510 IPC.
- Language substantially unchanged.
- Fine increased from ₹10 to ₹1,000.
- Community service introduced as an alternative punishment.
Essential Ingredients
- The accused must be drunken.
- The accused must appear in a public place.
- The accused must behave in a manner causing annoyance to another person.
Important Legal Principles
- Mere intoxication is not an offence.
- Liability arises only where intoxication is accompanied by disorderly conduct in a public place.
- Mens rea is not expressly required under this provision.
Examples of Public Places
- Streets.
- Parks.
- Railway stations.
- Bus stands.
- Markets.
- Public transport.
- Government offices open to the public.
Key Takeaway
Section 355 of the Bharatiya Nyaya Sanhita, 2023 penalises misconduct in public by a drunken person. A person commits the offence only when, while intoxicated, they appear in a public place and behave in a manner that causes annoyance to others. Mere intoxication is not punishable, and the provision does not expressly require proof of mens rea. Compared with Section 510 of the Indian Penal Code, 1860, the BNS retains the substance of the offence while increasing the fine from ₹10 to ₹1,000 and introducing community service as an alternative form of punishment, reflecting a more modern and reformative approach to sentencing.
