Bharatiya Nyaya Sanhita: Section 355 – 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 one thousand rupees, or with both or with community service.

Simplified Explanation

Section 355 of the Bharatiya Nyaya Sanhita 2023 addresses the issue of misconduct by a drunken person in public spaces.

Key Provisions of Section 355:

Offense Definition:

  • This section applies to individuals who, while intoxicated, appear in any public place (or in a place they are trespassing), and conduct themselves in a manner that causes annoyance to others.

Punishment:

  • The person committing this offense can be punished in one of the following ways:
    1. Simple imprisonment for a term which may extend to 24 hours.
    2. A fine of up to 1,000 rupees.
    3. A combination of both imprisonment and fine.
    4. Community service may also be an alternative punishment.

Summary:

Section 355 penalizes public misconduct by individuals who are intoxicated, aiming to prevent disturbances in public spaces caused by such behavior. The punishment is relatively minor, including a short-term imprisonment of up to 24 hours, a fine, or community service, ensuring that the punishment fits the nature of the offense.

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