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

The section requires that the intoxicated person's conduct causes annoyance to someone in a public place or a place they are trespassing; being quietly intoxicated without disturbing anyone does not meet this threshold.

Indian Penal Code, 1860

Section 510

repealed

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 ten rupees, or with both.§

Why this exists

This is a minor public-order offence meant to address nuisance caused by public drunkenness, such as loud, disruptive, or disturbing behaviour that annoys others in a shared or trespassed space. The very small punishment, only up to a day in jail or a fine of a few rupees, reflects that this was designed as a low-level deterrent for minor drunken disorder rather than a serious crime, and the small fine amount also reflects that the law has not been updated for inflation since colonial times.

Common misconceptions

Myth: Simply being drunk in public is itself always a crime under this section.
Fact: The section requires that the intoxicated person's conduct causes annoyance to someone in a public place or a place they are trespassing; being quietly intoxicated without disturbing anyone does not meet this threshold.