Section 355 BNS: Misconduct in Public by a Drunken Person
Section 355 of the Bharatiya Nyaya Sanhita, 2023 deals with misconduct by a person who, while intoxicated, appears in a public place or in a place where that person's entry amounts to trespass and behaves in a manner that causes annoyance to another person.
What does Section 355 BNS mean?
The provision does not punish intoxication by itself. The statutory offence requires intoxication together with appearance in a specified place and conduct causing annoyance to another person.
The section covers two location situations: a public place, and a place which it is a trespass for the intoxicated person to enter.
Section 355 of the Bharatiya Nyaya Sanhita, 2023
355. 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 one thousand rupees, or with both or with community service.
Essential ingredients of Section 355 BNS
- The person must be in a state of intoxication.
- The person must appear either in a public place or in a place where the person's entry amounts to trespass.
- The person must conduct himself in a manner that causes annoyance to another person.
- The intoxication, place and annoying conduct must coexist in the factual situation alleged.
Accordingly, proof merely that a person consumed alcohol or another intoxicating substance is not enough by itself. The prosecution must establish the additional statutory elements relating to place and conduct.
Public place or place entered by trespass
The first limb applies where the intoxicated person appears in a public place. The second applies where the person is present in a place which it is a trespass for that person to enter.
Whether a location falls within the relevant category depends on the character of the place, the person's right or authority to be there and the surrounding facts.
Annoyance to another person is an essential requirement
Section 355 expressly requires conduct in such a manner as to cause annoyance to any person. This makes the behaviour and its effect important. Intoxication alone, without the statutory place requirement and annoying conduct, does not reproduce the complete wording of the offence.
Punishment under Section 355 BNS
| Offence | Punishment provided |
|---|---|
| Misconduct in public by a drunken person under Section 355 | Simple imprisonment up to 24 hours, or fine up to Rs. 1,000, or both, or community service |
What is community service?
Community service is expressly recognised as a punishment under the BNS. The BNSS explains community service, for sentencing by Magistrates, as work which the Court may order a convict to perform for the benefit of the community and for which the convict is not entitled to remuneration.
Section 355 is therefore notable because the court may impose community service as an alternative punishment in an appropriate case.