Introduction of 355 BNS
355 BNS of the Bharatiya Nyaya Sanhita focuses on maintaining public order by penalizing misconduct in public by drunken individuals. It applies when an intoxicated person appears in a public place or trespasses into a restricted area and behaves in a disruptive or offensive manner, causing annoyance or inconvenience to others. This law ensures that freedom does not turn into irresponsibility, promoting accountability for behavior under the influence of alcohol. The provision also allows for minor penalties such as short imprisonment, fines, or community service, highlighting its rehabilitative rather than purely punitive nature.
The Bharatiya Nyaya Sanhita (BNS) Section 355 replaces the old Indian Penal Code (IPC) Section 510.
What is BNS Section 355 ?
BNS Section 355 addresses misconduct in public by a drunken person. It punishes anyone who, in a state of intoxication, appears in a public place or trespasses into a place where they are not permitted and behaves in a way that causes annoyance to others. The law ensures public peace and discourages disruptive behavior caused by intoxication.
BNS 355 in Simple Points
“Whoever, in a state of intoxication, appears in any public place, or trespasses into any place not belonging to him, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with both. The Court may also direct the offender to perform community service.”
1. Meaning of Misconduct in Public by a Drunken Person
- Misconduct → Any inappropriate, offensive, or disruptive behavior.
- Public place → Includes parks, streets, marketplaces, or any location accessible to the public.
- Trespass → Entering a place where the person has no right to be, e.g., private property, restricted area.
- Annoyance → Disturbing or irritating others, such as shouting, abusive language, indecent actions.
Example: A drunken person enters a park and starts shouting loudly, disturbing families and children — this qualifies as misconduct.
2. Essential Ingredient – State of Intoxication and Annoyance
For the offense under BNS 355, two main conditions must exist:
- The person is under the influence of alcohol.
- The person appears in public or trespasses private property.
- The behavior must cause annoyance or inconvenience to others.
Example: A drunken man barges into a wedding hall and disrupts the event — punishable under this section.
3. Punishment under BNS Section 355
- Imprisonment → Simple imprisonment up to 24 hours.
- Fine → Up to ₹1,000.
- Both → In more serious cases, both imprisonment and fine may be imposed.
- Community Service → Court may direct offender to perform social service instead of or along with fine/imprisonment.
This ensures quick punishment, deterrence, and rehabilitation.
4. Nature of the Offense
- Bailable → The accused can obtain bail easily.
- Non-Cognizable → Police cannot arrest or investigate without prior Magistrate approval.
- Non-Compoundable → Cannot be settled privately between parties.
- Trial by → Any Magistrate can try the case.
5. Examples of BNS Section 355 in Action
- Example 1 – Public Disturbance
A drunk person in a market starts abusing shopkeepers and customers loudly → punishable under Section 355. - Example 2 – Trespass While Intoxicated
A man enters a neighbor’s private garden while drunk and behaves offensively → offense under Section 355. - Example 3 – Not an Offense
A person is slightly drunk but quietly walking home without disturbing anyone → not punishable under Section 355.
6. Importance of Section 355
- Protects public peace and social harmony.
- Prevents harassment and disturbance caused by intoxicated individuals.
- Encourages responsible drinking behavior.
- Introduces community service as a reformative measure instead of only punishment.
Section 355 BNS Overview
BNS Section 355 is a legal provision aimed at maintaining public order by penalizing individuals who engage in misconduct while intoxicated. This includes appearing in public places or unauthorized locations and causing inconvenience or annoyance to others. Punishments can include imprisonment, fines, or community service.
10 Key Points of BNS Section 355
1. Misconduct While Drunk
This section penalizes any person who, under the influence of alcohol, behaves inappropriately or disruptively in public. It aims to curb public nuisances and protect the peace of communities.
2. Appearance in Public Places
The law applies to anyone appearing intoxicated in public spaces like parks, streets, or any location accessible to the public. Such behavior can disturb the general environment and individuals nearby.
3. Trespassing Under Intoxication
If a drunken individual trespasses into a restricted or private area and causes disruption, this section applies. The law prohibits unauthorized entry coupled with misconduct.
4. Annoyance to Others
The key factor under this section is the annoyance caused to others. Actions that disturb or inconvenience the public while the offender is intoxicated fall under this provision.
5. Punishment for Misconduct
The offender can face simple imprisonment for up to 24 hours, a fine of up to ₹1,000, both, or community service. This ensures a balanced punishment depending on the severity of the offense.
6. Bailable Offense
The offense is bailable, meaning the accused can seek bail as per the legal procedures. This makes it easier for minor offenders to resolve the case without prolonged detention.
7. Non-Cognizable Offense
The offense is non-cognizable, meaning the police cannot arrest the individual or begin an investigation without the magistrate’s approval. This ensures fairness and avoids misuse of authority.
8. Non-Compoundable Nature
The offense is non-compoundable, which means it cannot be settled between the parties. Legal proceedings must follow through in court, ensuring accountability.
9. Triable by Any Magistrate
The trial for this offense can be conducted by any magistrate. This ensures flexibility and accessibility in the judicial process for such minor cases.
10. Community Service as an Option
Apart from imprisonment or fines, offenders can also be directed to perform community service. This promotes rehabilitation and discourages repeat offenses in a constructive way.
Examples of BNS Section 355
Example 1
A person is found heavily intoxicated and shouting loudly in a public park, causing discomfort to families and children. This behavior disrupts the peace, and the individual can be punished under BNS Section 355.
Example 2
An intoxicated individual trespasses into a private wedding hall and creates a scene, annoying the guests. This constitutes misconduct under BNS Section 355 and is punishable by law.
BNS 355 Punishment
Imprisonment: Simple imprisonment for up to 24 hours.
Fine: Up to ₹1,000.Community Service: Instead of or in addition to imprisonment or fine, the court may require the offender to perform community service.
BNS 355 bailable or not ?
Yes, BNS Section 355 is bailable, which means the accused can seek bail and avoid being held in custody during the trial process.
Comparison: BNS Section 355 vs IPC Section 510
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 355 |
Misconduct in public by a drunken person. Appearing intoxicated in public or trespassing into a place and causing annoyance. |
Simple imprisonment up to 24 hours, or fine up to ₹1,000, or both. Court may also order community service. |
Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 510 (Old) |
Misconduct in public by a drunken person. Appearing in a public place intoxicated and causing annoyance to others. |
Simple imprisonment up to 24 hours, or fine up to ₹10, or both. (Much lower fine compared to BNS 355). |
Bailable | Non-Cognizable | Any Magistrate |
BNS Section 355 FAQs
What is BNS Section 355?
BNS Section 355 addresses misconduct in public or restricted areas caused by intoxicated individuals who annoy others through disruptive behavior.
What punishment does BNS 355 prescribe?
The punishment includes simple imprisonment for up to 24 hours, a fine of up to ₹1,000, or community service, depending on the severity of the misconduct.
Is BNS Section 355 bailable or non-bailable?
BNS Section 355 is bailable, allowing the offender to seek bail during legal proceedings.
What type of offense is covered under BNS 355?
It is a non-cognizable offense, meaning the police cannot arrest or investigate without prior permission from a magistrate.
What does community service under BNS 355 mean?
Community service involves performing socially beneficial tasks, such as cleaning public spaces or helping in community welfare, as a part of the penalty.
What is an example of misconduct under BNS 355?
Public disturbance caused by a drunken person shouting and acting inappropriately in a crowded market is an example of misconduct addressed by this section.
Conclusion
BNS Section 355 plays a vital role in protecting public peace by addressing drunken misconduct in public and private spaces. By providing proportionate punishments like 24-hour imprisonment, fines, or community service, it ensures accountability while encouraging corrective behavior. This law safeguards communities from nuisance, upholds social harmony, and prevents disturbances caused by alcohol-induced actions.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.