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Misconduct In Public By A Drunken Person

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.

Introduction:
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 was illegal.

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 other sections.

Example:
  1. 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.
     
  2. 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
     
Classification of offence:
  1. Non-cognizable
  2. bailable
  3. and non-compoundable
  4. triable by any magistrate

Case Law:
  1. 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.
  2. 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 penal code.
Reference:
  • https://indiankanoon.org/doc/529653/#:~:text=%E2%80%94Whoever%2C%20in%20a%20state%20of,or%20with%20fine%20which%20may
  • https://blog.ipleaders.in/criminal-intimidation-insult-and-annoyance-under-the-indian-penal-code-1860/#Misconduct_in_public_by_a_drunken_person
  • http://www.penacclaims.com/wp-content/uploads/2020/06/Chinmaya-Gupta.pdf
  • https://indiankanoon.org/docfragment/753962/?formInput=s%20510%20indian%20penal%20code

Award Winning Article Is Written By: Mr.Priyanshu Badkul, A Student at PIMR, Department of Law, Indore
Awarded certificate of Excellence
Authentication No: MR208775835327-28-0322

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