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Introduction of 355 BNS

355 BNS deals with the issue of misconduct in public by a drunken person. It aims to maintain public order and protect individuals from being annoyed or disturbed by inappropriate behavior caused by intoxication. This section applies when an intoxicated person appears in a public place or trespasses into a private area and behaves in a disruptive or offensive manner that causes inconvenience or annoyance to others. The law emphasizes accountability for public behavior while intoxicated, ensuring that individuals do not misuse their freedom to disturb others or create unpleasant situations in society. BNS 355 also incorporates provisions for minor penalties like short imprisonment, fines, or community service, reflecting its focus on deterrence and quick resolution rather than severe punishment. This section plays an essential role in maintaining social harmony by discouraging irresponsible conduct in public spaces.


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 Section 355 addresses misconduct /by intoxicated persons in public spaces
BNS 355 ensures accountability for public misconduct caused by intoxication

BNS 355 in Simple Points

Addressing Public Misconduct by Drunken Individuals

BNS Section 355 focuses on maintaining public order by addressing misconduct caused by individuals under the influence of alcohol. If a person appears intoxicated in public or enters a place they are not permitted to, their behavior can be disruptive and annoying to others. This section aims to ensure that such actions do not disturb the peace and harmony of public spaces. By defining clear consequences, it acts as a deterrent for people who might otherwise engage in such behavior.

Applicability in Public and Restricted Areas

This law applies to public places such as parks, streets, or marketplaces, as well as private areas where entry by the offender is considered trespassing. For example, an intoxicated individual creating a scene in a park or unlawfully entering someone’s private property can be held accountable under this section. The aim is to safeguard both public and private spaces from disruptive behavior caused by alcohol-induced actions.

Protecting Others from Annoyance and Inconvenience

A central focus of this law is the annoyance or discomfort caused to others by a drunken person’s behavior. Whether it involves loud shouting, inappropriate actions, or any behavior that disturbs others, the law seeks to protect the public from such inconveniences. This provision upholds the right of individuals to enjoy public and private spaces without undue disturbance from intoxicated individuals.

Punishment for the Offense

The punishment under BNS Section 355 is designed to be proportionate to the severity of the offense. It includes simple imprisonment for up to 24 hours, a fine of up to ₹1,000, or both. Additionally, the offender may also be required to perform community service. These options ensure flexibility in penalizing offenders while encouraging accountability and rehabilitation. Community service, in particular, helps offenders contribute positively to society.

BNS Section 355 classifies the offense as bailable, meaning the accused has the right to seek bail. It is also non-cognizable, so police cannot arrest or investigate without prior approval from a magistrate. This ensures that minor offenses like these are handled judiciously. Furthermore, the offense is non-compoundable, meaning it cannot be settled between the parties and must be resolved through legal proceedings. This classification ensures the offender faces appropriate consequences for their actions.


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 outlines punishment for drunken misconduct: 24-hour jail, fine, or community service.
Punishment under BNS 355 includes 24-hour imprisonment, fine, or 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.


Bharatiya Nyaya Sanhita Section 355

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
355Misconduct in public by a drunken person.Simple imprisonment for up to 24 hours, or fine up to ₹1,000, or both, or community service.BailableNon-CognizableAny Magistrate

BNS Section 355 FAQs

What is BNS Section 355?

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?

What type of offense is covered under BNS 355?

What does community service under BNS 355 mean?

What is an example of misconduct under BNS 355?


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