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KembaraXtra - Bharatiya Nyaya Sanhita - Section 355: Misconduct in Public by a Drunken Person
Q1. What is the object of Section 355 of the Bharatiya Nyaya Sanhita?
Answer:
Section 355 aims to maintain public peace, order, and decency by penalising disorderly behaviour caused by intoxication in public places.
The provision does not prohibit the consumption of alcohol or intoxicating substances. Instead, it punishes a person who, while intoxicated, behaves in a manner that causes annoyance or disturbance to others in a public place or in a place where the person has no legal right to enter.
Thus, the focus of the section is on public misconduct, not intoxication itself.
Example / Application:
A person becomes intoxicated at home. Since the person does not disturb anyone or enter a public place, no offence under Section 355 is committed.
Q2. What are the essential ingredients of the offence under Section 355?
Answer:
To constitute an offence under Section 355, the prosecution must establish the following ingredients:
- The accused was in a state of intoxication.
- The accused:
- Appeared in a public place, or
- Entered a place where it was a trespass for him or her to enter.
- The accused conducted himself or herself in such a manner as to cause annoyance to any person.
All these ingredients must ordinarily be proved before liability arises.
Example / Application:
An intoxicated person enters a public park and loudly abuses visitors, causing inconvenience and disturbance. The ingredients of Section 355 are satisfied.
Q3. Is mere intoxication punishable under Section 355?
Answer:
No.
Mere intoxication is not an offence.
A person does not commit an offence merely because he or she has consumed alcohol or another intoxicating substance.
The offence arises only when intoxication is accompanied by:
- Appearance in a public place or a place entered by trespass; and
- Conduct causing annoyance to another person.
Example / Application:
A person consumes alcohol at a private residence and quietly remains indoors. Since there is no public misconduct, Section 355 does not apply.
Q4. What is meant by "a public place" under Section 355?
Answer:
A public place is a place where members of the public have a right or permission to enter.
Examples include:
- Roads and streets.
- Public parks.
- Railway stations.
- Bus stands.
- Airports.
- Markets.
- Shopping malls.
- Public transport.
- Government offices open to the public.
The section applies whenever the drunken person's conduct causes annoyance at such places.
Example / Application:
A drunken passenger shouts and creates a disturbance inside a railway station, inconveniencing other travellers. This may constitute an offence under Section 355.
Q5. What is meant by "a place which it is a trespass in him to enter"?
Answer:
The section also applies where the intoxicated person enters a place without any lawful authority or permission, thereby committing trespass.
Such places may include:
- Private residences.
- Private offices.
- Restricted premises.
- Closed compounds.
- Any property where entry is prohibited.
The offence is complete if the drunken person causes annoyance after entering such premises unlawfully.
Example / Application:
An intoxicated individual enters a private club without permission and creates a disturbance among the members. The person may be liable under Section 355.
Q6. What amounts to "annoyance" under Section 355?
Answer:
The term annoyance refers to conduct that causes irritation, inconvenience, disturbance, discomfort, or nuisance to another person.
Examples include:
- Shouting or screaming.
- Using abusive language.
- Singing loudly in a disruptive manner.
- Fighting or threatening others.
- Obstructing public pathways.
- Refusing to leave when lawfully requested.
- Creating disorder in public.
The conduct need not amount to violence; it is sufficient if it disturbs or inconveniences others.
Example / Application:
A drunken person repeatedly shouts offensive words in a crowded marketplace, frightening shoppers and disturbing business. Such conduct amounts to annoyance.
Q7. Is mens rea necessary to constitute an offence under Section 355?
Answer:
No.
Section 355 does not expressly require proof of mens rea.
The prosecution is not required to establish that the accused intended to cause annoyance.
The offence is established once it is proved that:
- The accused was intoxicated;
- Appeared in a public place or entered a place by trespass; and
- Conducted himself or herself in a manner causing annoyance.
Example / Application:
A drunken individual unintentionally creates panic by shouting loudly in a crowded bus stand. Even without proving an intention to annoy others, liability may arise if the statutory ingredients are satisfied.
Q8. What is the punishment under Section 355?
Answer:
A person convicted under Section 355 is punishable with:
- Simple imprisonment for a term which may extend to twenty-four hours; or
- Fine which may extend to ₹1,000; or
- Both; or
- Community service.
The introduction of community service under the Bharatiya Nyaya Sanhita reflects a reformative approach, particularly for minor public order offences.
Example / Application:
A first-time offender who creates a minor disturbance while intoxicated may be directed by the court to perform community service instead of undergoing imprisonment.
Q9. How does Section 355 differ from the corresponding provision under the Indian Penal Code?
Answer:
Section 355 corresponds to Section 510 of the Indian Penal Code, 1860.
The substance of the offence remains substantially unchanged.
However, the Bharatiya Nyaya Sanhita introduces two important changes:
- The maximum fine has been increased from ₹10 to ₹1,000.
- Community service has been introduced as an additional sentencing option.
These amendments modernise the punishment while preserving the original objective of maintaining public order.
Example / Application:
Under the earlier IPC, a court could impose only imprisonment or a nominal fine. Under the BNS, the court now has greater flexibility by imposing community service where appropriate.
Q10. Why is Section 355 important?
Answer:
Section 355 protects members of the public from disorderly and disruptive behaviour caused by intoxication.
It seeks to ensure that public places remain safe and convenient for everyone without criminalising the mere consumption of alcohol.
By punishing only conduct that causes annoyance, the provision balances individual liberty with public order.
The addition of community service also reflects the modern emphasis on rehabilitation rather than purely punitive measures.
Example / Application:
Police remove an intoxicated person from a public bus after the individual repeatedly abuses passengers and obstructs travel. The law intervenes because the person's conduct, rather than intoxication itself, disturbs public order.
Key Provisions (Study Notes)
Section 355 – Misconduct in Public by a Drunken Person
Essential Ingredients
- The accused must be in a state of intoxication.
- The accused must appear:
- In a public place, or
- In a place where entry amounts to trespass.
- The accused must behave in a manner causing annoyance to another person.
Important Legal Principles
- Mere intoxication is not an offence.
- The offence is directed against public misconduct, not drinking itself.
- Mens rea is not expressly required.
- Annoyance may arise from words, gestures, shouting, abusive conduct, obstruction, or other disorderly behaviour.
Punishment
The offender may be punished with:
- Simple imprisonment up to 24 hours; or
- Fine up to ₹1,000; or
- Both imprisonment and fine; or
- Community service.
Changes from Section 510 IPC
- Offence remains substantially the same.
- Fine increased from ₹10 to ₹1,000.
- Community service introduced as an alternative punishment.
Key Takeaway
Section 355 of the Bharatiya Nyaya Sanhita, 2023 penalises misconduct by a drunken person in a public place or in a place entered by trespass when such conduct causes annoyance to others. The provision does not criminalise intoxication itself; rather, it punishes disorderly public behaviour resulting from intoxication. The essential ingredients are intoxication, presence in a public place or trespassed premises, and conduct causing annoyance. Compared with Section 510 of the Indian Penal Code, 1860, the BNS retains the substance of the offence while increasing the fine to ₹1,000 and introducing community service, reflecting a more contemporary and reformative approach to sentencing.
