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Section 355: Appearing in Public Place in State of Intoxication and Causing Annoyance

Bharatiya Nyaya Sanhita • Chapter XIX: Of Criminal Intimidation, Insult, Defamation & Savings • Official Statutory Text & Legal Guide

Chapter XIX: Of Criminal Intimidation, Insult, Defamation & Savings
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 510 IPC
Section 354 All 358 Sections of Bharatiya Nyaya Sanhita Section 356

Legal Commentary & Landmark Judgments: Section 355

Section 355 penalises appearing in any public place, or in any place which it is a trespass in him to enter, in a state of intoxication, and there conducting oneself in such a manner as to cause annoyance to any person (replacing Section 510 IPC).

  • Intoxicated State: In a state of alcoholic or chemical intoxication in a public place or during trespass.
  • Public Location: Streets, buses, metro, parks, or private premises entered as a trespasser.
  • Annoyance Caused: Conducting oneself in a disorderly, belligerent, or obnoxious manner causing actual annoyance.
Key Landmark Precedents:
  • Pawan Kumar v. State of Haryana (1996) 4 SCC 17: The Supreme Court noted that mere intoxication without disorderly conduct or annoyance to members of the public does not constitute an offence.
  • State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Clarified that summary penal infractions must be supported by medical breathalyzer/blood examination reports and eyewitness testimony.
Courtroom Practice & Strategic Litigation Guidance:

Medical examination report (breathalyzer or blood test) proving alcohol level under Section 51 BNSS is required. Cross-examine the complainant on the exact nature of the alleged 'annoyance'.

Section 354 All 358 Sections of Bharatiya Nyaya Sanhita Section 356