IPC 510 vs BNS 355: Drunken Misconduct in Public Explained (2026)

In India, Section 355 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced Section 510 of the Indian Penal Code, 1860 (IPC) from 1 July 2024. The offence is word for word the same; the maximum fine rises from ten rupees to one thousand rupees and community service is added as a punishment.

At a glance

IPC	BNS	Offence	Punishment (BNS text)	Classification (BNSS First Schedule)	Change
510	355	Appearing in a state of intoxication in a public place, or a place where entry is a trespass, and conducting oneself so as to cause annoyance to any person	Simple imprisonment up to 24 hours, or fine up to ₹1,000, or both, or community service	Non-cognizable; bailable; any Magistrate	Modified (fine ₹10 → ₹1,000; community service added)

The CrPC First Schedule classified Section 510 IPC as non-cognizable, bailable and triable by any Magistrate (the "Ditto" entries trace to the Section 506 and Section 508 rows). The classification is unchanged. Neither Section 320 CrPC nor Section 359 BNSS lists the offence as compoundable.

What changed

Modified — fine: "or with fine which may extend to ten rupees" becomes "or with fine which may extend to one thousand rupees".
Expanded — community service: "or with both" becomes "or with both or with community service". Community service is a new kind of punishment in the BNS: Section 4(f) lists "Community Service" among the punishments to which offenders are liable, a category Section 53 IPC did not contain.
Identical — imprisonment: "simple imprisonment for a term which may extend to twenty-four hours" is unchanged. Only simple imprisonment is available.
Identical — the offence: "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" is word for word the same.
Identical — heading: "Misconduct in public by a drunken person".
Minor edit — location: Section 510 sat at the end of IPC Chapter XXII ("Of criminal intimidation, insult and annoyance"). Section 355 sits in BNS Chapter XIX, now headed "Of criminal intimidation, insult, annoyance, defamation, etc.", immediately before the defamation provisions.

Statutory text (relevant extract)

Extract, Section 510 IPC (repealed from 1 July 2024):

… shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

Extract, Section 355 BNS:

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.

How it works — the ingredients

Section 355 has three elements, and all three must be present together.

A state of intoxication — the section says "in a state of intoxication". It does not name the intoxicant or say how the state is to be proved.
The place — either "any public place", or "any place which it is a trespass in him to enter". The second limb reaches private premises where the accused has no right to be. Criminal trespass is defined in Section 329(1) BNS as entering property in another's possession with intent to commit an offence or to intimidate, insult or annoy, or unlawfully remaining after a lawful entry with such intent. On a reading of the text, Section 355 speaks of a place "which it is a trespass in him to enter" and does not in terms require that the separate offence of criminal trespass be proved.
Conduct causing annoyance — the accused must "there" conduct himself "in such a manner as to cause annoyance to any person". The word "there" ties the conduct to the place; "any person" means that annoyance to a single individual is enough.

What the section does not require, on a reading of its words: no intention to annoy is stated (the test is conduct "in such a manner as to cause annoyance"); no injury, damage or threat; and no annoyance to the public at large.

Neighbouring offences

Obscene acts and songs (Section 296 BNS) also turns on annoyance, but "to the annoyance of others" by an obscene act in a public place or obscene words in or near one. See its page.
Public nuisance (Section 292 BNS) punishes a public nuisance "in any case not otherwise punishable by this Sanhita" with fine up to one thousand rupees.
Criminal intimidation and insult (Sections 351 and 352 BNS) sit in the same chapter; criminal intimidation (Section 351(2)) and intentional insult with intent to provoke a breach of the peace (Section 352) each carry imprisonment of either description up to two years, or fine, or both.

Community service — what the new punishment means

Where it comes from: Section 4(f) BNS adds "Community Service" to the list of punishments. Section 355 is one of the sections that name it as an option.
What it is: the Explanation to Section 23 BNSS defines community service as "the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration".
Which court may impose it: Section 23(2) BNSS lets a Magistrate of the first class pass a sentence "of community service", and Section 23(3) gives the same power to a Magistrate of the second class. Section 355 is triable by any Magistrate.
Default: Section 8(4) BNS provides that imprisonment imposed "in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence" — for Section 355, that is simple imprisonment.
The choice in Section 355: the section reads "or with both or with community service". On a reading of the text, community service is an alternative to imprisonment, fine, or both.

See the community service guide for how the new punishment works across the BNS.

What this means in practice

For the person annoyed and for the police

The offence is non-cognizable. The BNSS First Schedule's explanatory note says "non-cognizable" stands for "a police officer shall not arrest without warrant". Under Section 174(1) BNSS the officer in charge of the police station enters the substance of the information and refers the informant to the Magistrate; under Section 174(2) no police officer may investigate without the order of a Magistrate having power to try the case.
A complaint should describe the three elements: the state of intoxication, the place (and, for private premises, why entry was a trespass), and what the accused did that caused annoyance to whom.

For the accused and the defence advocate

The offence is bailable, triable by any Magistrate, and not compoundable under Section 359 BNSS.
Section 283(2) BNSS lets a Magistrate, for recorded reasons and after hearing the accused, try summarily offences not punishable with imprisonment "for a term exceeding three years"; on a reading of that text, Section 355 falls within it.
Each element is separately contestable: intoxication alone, presence in a public place alone, or annoying behaviour by a sober person, does not satisfy the section on its words.
On sentence, Section 355 offers four options — up to 24 hours' simple imprisonment, a fine up to ₹1,000, both, or community service.

Judgments that still matter

Shreya Singhal v. Union of India, [2015] 5 S.C.R. 963 (2015 INSC 257) — 24 March 2015. J. Chelameswar and R.F. Nariman JJ. (judgment by Nariman J.) struck down Section 66A of the Information Technology Act, 2000 "in its entirety" as violative of Article 19(1)(a) and not saved by Article 19(2) (para 119(a)). In contrasting the undefined word "annoyance" in Section 66A with its use in the IPC, the Court set out Section 510 (para 73) and said that "under Section 510, the annoyance that is caused to a person must only be by another person who is in a state of intoxication and who annoys such person only in a public place or in a place for which it is a trespass for him to enter" (para 74). It described these as "narrowly and closely defined contours" of an offence (para 74). The case did not involve a prosecution under Section 510, but it is the Supreme Court's reading of the section's structure; Section 355 BNS repeats the words it construed.

No other judgment is cited. No Supreme Court judgment deciding a prosecution under Section 510 IPC or Section 355 BNS was found in our Supreme Court index or summaries.

Why it still matters: the operative words of Section 510 IPC are repeated word for word in Section 355 BNS. On a reading of the text, the Court's description of the offence's limited reach applies equally to Section 355.

Which law applies to your case

Section 358(2) BNS saves any penalty or punishment incurred under the IPC and lets proceedings be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, conduct before 1 July 2024 is charged under Section 510 IPC. Procedure in matters pending on that date continues under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars "a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence"; on a reading of that Article, a fine above ten rupees cannot be imposed for earlier conduct. Whether community service could be imposed for earlier conduct is not addressed by the text of either transition provision. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 510 IPC? Section 355 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 510 IPC from 1 July 2024. The offence is word for word the same: appearing in a state of intoxication in a public place, or in a place where entry is a trespass, and there behaving so as to cause annoyance to any person. The punishment changes in two respects — a higher fine cap and the option of community service.

What is the punishment for drunken misconduct under Section 355 BNS? Section 355 BNS provides 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. Section 510 IPC allowed the same 24-hour term, a fine of up to ten rupees, or both, and had no community-service option.

Is being drunk in public an offence by itself under Section 355 BNS? Not on the words of the section. Section 355 BNS requires three things together: a state of intoxication, appearance in a public place or a place where entry is a trespass, and conduct there that causes annoyance to any person. In Shreya Singhal v. Union of India, [2015] 5 S.C.R. 963, the Supreme Court described the annoyance under Section 510 IPC as narrowly and closely defined by these conditions.

Can the police arrest a person for drunken misconduct without a warrant? The BNSS First Schedule lists Section 355 BNS as non-cognizable, and the Schedule's explanatory note says non-cognizable stands for "a police officer shall not arrest without warrant". Under Section 174 BNSS the police record the information, refer the informant to the Magistrate, and may investigate only on a Magistrate's order. The offence is bailable and triable by any Magistrate.

What does community service mean under the BNS? Community service is listed as a punishment in Section 4(f) BNS. The Explanation to Section 23 BNSS defines it as work which the court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration. Section 23(2) and (3) BNSS allow Magistrates of the first and second class to pass a sentence of community service.

Can drunken misconduct be compounded? No. Section 355 BNS is not listed in either compounding table in Section 359 BNSS, and Section 510 IPC was not listed in Section 320 CrPC. Section 359(9) BNSS provides that no offence shall be compounded except as provided by that section.

Which law applies to drunken misconduct before 1 July 2024? Section 358(2) BNS lets proceedings for offences under the IPC be instituted or continued as if that Code had not been repealed, so on a reading of that text earlier conduct is charged under Section 510 IPC. Article 20(1) of the Constitution bars a penalty greater than the law in force at the time; on a reading of that Article, a fine above ten rupees cannot be imposed for conduct before that date.

Sources

Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 4, 8, 292, 296, 329(1), 351(2), 352, 355 and 358, and the heading of Chapter XIX.
Indian Penal Code, 1860 (India Code text): Sections 53 and 510, and the heading of Chapter XXII.
Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 23, 174, 283, 359 and 531, and the First Schedule (explanatory note (2) and the entry for Section 355 BNS).
Code of Criminal Procedure, 1973: Section 320 and the First Schedule entry for Section 510 IPC.
Constitution of India: Article 20(1).
Judgment read in full text: Shreya Singhal v. Union of India (2015_5_963_1074_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 510 IPC vs Section 355 BNS — Misconduct in Public by a Drunken Person