Simply being drunk in public is always a crime under this section.

The offence requires that the intoxicated person also behaves in a way that causes annoyance to others, or enters a place they have no right to enter — being drunk alone in a public place, without misconduct, is not covered.

Bharatiya Nyaya Sanhita, 2023

Section 355

Misconduct in public by a drunken person

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. Of defamation§

Why this exists

This is a minor public-order offence meant to deter drunken misbehaviour that disturbs others in public spaces or amounts to trespass, while keeping the punishment light — recognizing this as a low-level nuisance rather than a serious crime. The addition of 'community service' as an option reflects the newer Bharatiya Nyaya Sanhita's broader use of community service as a sentencing option for minor offences.

Common misconceptions

Myth: Simply being drunk in public is always a crime under this section.
Fact: The offence requires that the intoxicated person also behaves in a way that causes annoyance to others, or enters a place they have no right to enter — being drunk alone in a public place, without misconduct, is not covered.