The article is regarding the misconduct in public by a drunken
person which is covered under section 510 of the Indian penal code,1860. This is
the second last section and gives the lowest punishment out of all the sections
under this code. This section deals with many aspects and highlights the
untouched and unnoticed provision of the Indian Penal Code.
Section 510 of the Indian penal code, 1860 mainly deals with 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 annoy 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.
In the case of Queen-Empress v. Venkatesagadu
, (1887) ILR 10 Mad 165, the court
overruled the earlier decision in Muhammad Saib's case
, (1877) ILR 1 Mad 277.
The second class magistrate sentenced the accused to pay a fine of Rs. 10/- in
default to suffer one-month simple imprisonment for an offence under section 510
Indian penal code1860. section 510 Indian penal code provided punishment which
may extend to twenty-four hours simple imprisonment or with fine which may
extend to Rs. 10/- or with both. This Court held that the sentence as it stood
It is triable by any magistrate as indicate the position of a person in a state
of intoxication or not in a position to handle himself entering any public place
as to annoy any person, entering any place which leads to trespass or without
the permission of the owner of the land. the punishment prescribed under this
code is twenty -four and not that which is the least punishment as compared to
Classification of offence:
- For instance, if x a person is in a drunken state insults the modesty of
a woman B, uttering the word, making a vulgar gesture in the public place .
x would be punishable under section 509,510 under Indian penal code,1860.
- For instance if a drunken person asks for money for liquor abuses on
refusal insult a religious belief by abusing or targeting a particular
religion or community. A would-be held liable under section 295 A,510 under
Indian penal code, 1860
- and non-compoundable
- triable by any magistrate
- State vs Babu all 20 February 2013
The accused threatened the complaint to kill and abused and misbehaved with them
after consuming liquor. Hence the accused babu all stands convicted for the
offence under section 509,506,510 of the Indian penal law.
- State vs Surendra Kumar malik 6 April 2019
The FIR was registered by a complaint against the accused Surendra Kumar malik
under sections 509 and 510 of the Indian penal code. the code thinks that the
prosecution has failed to prove the guilt of the accused hence, accused Surendra
Kumar malik is acquittal for offences under sections 509 and 510 of the Indian
Award Winning Article Is Written By: Mr.Priyanshu Badkul
, A Student at PIMR, Department of Law, Indore
Authentication No: MR208775835327-28-0322