BNS Section 355: Misconduct in public by a drunken person (2026)
What Section 355 of the Bharatiya Nyaya Sanhita (BNS) covers: misconduct in public by a drunken person, how it maps to old Section 510 of the IPC, the punishment including the new community service option, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 355 of the Bharatiya Nyaya Sanhita (BNS) punishes misconduct in public by a drunken person. It replaced Section 510 of the Indian Penal Code (IPC) from 1 July 2024. It is a minor offence. The punishment is simple imprisonment up to twenty-four hours, or fine up to one thousand rupees, or both, and the BNS adds community service as an option. This explainer sets out what Section 355 covers, how it maps to the old law, the punishment, and the classification. Last verified October 2026.
- New section: misconduct in public by a drunken person is Section 355 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 510 of the IPC.
- Punishment: simple imprisonment up to twenty-four hours, or fine up to one thousand rupees, or both, or community service.
- Classification: non-cognizable, bailable, triable by any Magistrate.
01Why the section number matters now
Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). Section numbers moved. The offence of misconduct in public by a drunken person, which lawyers knew as Section 510 of the IPC, is now Section 355 of the BNS.
This matters in practice. A complaint for conduct on or after 1 July 2024 cites Section 355. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. So for some years both numbers will appear in minor-offence files.
02What Section 355 covers
Section 355 of the BNS is a small public-order offence. It targets a drunk person who becomes a nuisance to others in public.
The offence is made out when a person, in a state of intoxication, appears in a public place, or in a place which it is a trespass for them to enter, and there conducts themselves in such a manner as to cause annoyance to any person.
A minor nuisance offence
This is one of the lightest offences in the code, meant to deal with public drunkenness that disturbs others. It sits in the chapter on criminal intimidation, insult and annoyance, alongside Section 353 and Section 354.
03Key ingredients
To bring a case under Section 355, three things must be shown together.
- Intoxication: the person was in a state of intoxication.
- Public place or trespass: they appeared in a public place, or in a place which it was a trespass for them to enter.
- Annoyance: they conducted themselves so as to cause annoyance to any person.
Being drunk is not itself the offence. The wrong is drunken conduct in public that causes annoyance to others.
04Old to new: IPC 510 to BNS 355
Section 510 of the IPC is now Section 355 of the BNS. The offence is carried over, with the penalty updated.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Misconduct in public by a drunken person | Section 510 | Section 355 |
| Imprisonment | Simple, up to 24 hours | Simple, up to 24 hours |
| Fine / community service | Fine up to Rs 10 | Fine up to Rs 1,000, or community service |
Two things changed. The old IPC fine was a token amount of ten rupees; the BNS raises it to one thousand rupees. The BNS also adds community service as a sentencing option.
05Punishment and classification
The punishment under Section 355 is simple imprisonment for a term which may extend to twenty-four hours, or fine which may extend to one thousand rupees, or both, or with community service.
On classification, the offence under Section 355 is:
- Non-cognizable: the police generally need an order of a Magistrate before they register and investigate.
- Bailable: bail is a matter of right, subject to the usual conditions.
- Triable by any Magistrate.
A new kind of sentence
Community service is a new sentencing option introduced across the BNS for several minor offences, including this one. Check the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for the classification entry.
06What changed from the old law
For this offence, the ingredients are carried over from Section 510 of the IPC. The two real changes are the higher fine, from ten rupees to one thousand rupees, and the addition of community service as a sentence.
Community service fits a minor nuisance offence well, because it lets a court respond without a short jail term. Older judgments on Section 510 still guide how Section 355 is read, since the conduct it punishes is unchanged.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A minor public-order charge like this one rarely stands on its own, so seeing how a Magistrate has read it next to the heavier counts in a file is useful. A Claw search runs across a library of 30 crore and more judgments and hands back results in under five seconds, with reported matters reaching back to the Supreme Court from 1950 and the High Courts from 1990, so you can set how benches treated the old Section 510 against the fresh wording of Section 355. It also keeps watch on cases, orders and hearings across 9,102 courts, benches and forums, letting you follow a live drunken-misconduct matter by the party or the advocate named in it.
Your uploaded case files stay yours, because Claw does not feed customer documents into training its AI models. Open a free Claw account and try a section-wise search on this offence in your own matters. To widen the net to the rest of the statute book, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 355, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 510 IPC in the BNS?
Section 510 of the IPC, misconduct in public by a drunken person, is now Section 355 of the Bharatiya Nyaya Sanhita, 2023. The conduct is the same, but the fine is higher and community service is added.
What is the punishment under BNS Section 355?
Simple imprisonment for a term which may extend to twenty-four hours, or fine which may extend to one thousand rupees, or both, or community service. Last verified October 2026.
Is an offence under BNS Section 355 bailable?
Yes. Section 355 is non-cognizable and bailable, and it is triable by any Magistrate. Because it is non-cognizable, the police usually need a Magistrate's order before they investigate.
Is being drunk in public itself an offence under Section 355?
No. The offence needs drunken conduct in a public place, or a place the person has no right to be, that causes annoyance to someone. Intoxication alone, without such conduct, is not enough.
What is new in Section 355 compared with Section 510?
Two things. The maximum fine rises from ten rupees under the IPC to one thousand rupees under the BNS, and community service is added as a sentencing option.
Can I track a case under Section 355 in Claw?
Yes. A free Claw account lets you follow a Section 355 matter across 9,102 courts, benches and forums by the party or advocate on it, and search more than 30 crore judgments in under five seconds for how courts have read the offence. Claw researches and tracks the case but does not give legal advice.