IPC 510 → BNS 355: Misconduct (Drunken)

Quick Summary: IPC 510 vs BNS 355

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 510 (Misconduct (Drunken)) falls in the IPC's offences relating to marriage, reputation and intimidation — offences relating to marriage, cruelty by a husband or his relatives, defamation, and criminal intimidation or insult. Retained by the BNS as BNS 355, several such offences are non-cognizable or compoundable, which changes how misconduct (drunken) is pursued.

What did IPC 510 cover?

IPC 510 dealt with misconduct (drunken) — misconduct in public by a drunken person. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 355: What changed in the new law?

Fine amount likely revised; community service possible. From 1 July 2024, new complaints relating to misconduct (drunken) are filed under BNS Section 355, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 355

Modified - 24 hours or ₹1000

Practical implications for advocates, police & citizens

• Advocates: For misconduct (drunken), check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 355, not IPC 510.
• Police officers: Confirm whether the misconduct (drunken) offence is cognizable before acting, and cite BNS 355 where an FIR is registered.
• Law students & citizens: Some offences in this group, including misconduct (drunken), can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.