Code: 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.
Explanation of Section 355 BNS
Section 355 of the Bharatiya Nyaya Sanhita (BNS) addresses the issue of public misconduct by individuals who are intoxicated. This section is designed to maintain public order and prevent disturbances caused by unruly behavior in public spaces.
Key Provisions of Section 355:
- Intoxication in Public Places: It is an offense to appear in public spaces while intoxicated if the person’s behavior causes annoyance to others.
- Trespassing: The section also applies if the individual is in a place where their presence is unlawful (trespassing) and behaves disruptively.
- Punishment: The offender may face simple imprisonment for up to 24 hours, a fine up to ₹1,000, or both. In some cases, community service may also be prescribed as a form of punishment.
Illustration
Example 1: Public Disturbance by a Drunken Person
A is heavily intoxicated and creates a scene in a busy market by shouting loudly, using offensive language, and disturbing passersby. This act of public misconduct falls under Section 355.
Example 2: Trespassing and Causing Annoyance
B, in an inebriated state, enters a private property without permission and starts behaving aggressively, causing distress to the property owner and visitors. This behavior is punishable under Section 355.
Common Questions and Answers on Section 355 BNS
1. What type of places does Section 355 cover?
- Answer: It covers public places and any location where the individual is trespassing and causing annoyance.
2. What constitutes ‘annoyance’ under this section?
- Answer: Annoyance can include loud behavior, offensive language, aggressive actions, or any conduct that disturbs public peace and comfort.
3. Can someone be punished under this section even if they are not causing harm?
- Answer: Yes, if the behavior causes annoyance to others, even without physical harm, it can be punishable under this section.
4. What is the maximum punishment under Section 355?
- Answer: The maximum punishment is simple imprisonment for 24 hours, a fine of up to ₹1,000, or both. Community service may also be ordered.
5. Does this section apply to private parties or gatherings?
- Answer: No, this section applies specifically to public places or places where the person is unlawfully present and causing disturbance.
Conclusion
Section 355 of the Bharatiya Nyaya Sanhita (BNS) is a vital provision for maintaining public decorum. It deters individuals from engaging in disruptive behavior while intoxicated, ensuring that public spaces remain safe and comfortable for everyone.
