drinking

Ankit Wahi (Querist) 08 October 2015 This query is : Resolved
Which ipc is applied to person drinking in public place

Follow Query

Report Abuse

Guest (Expert) 08 October 2015
When someone asks this question with no specifications what so ever the answer would be "No" drinking in public places is not an offense as defined under the Indian Penal Code.

Let me explain. A bar or a pub is also termed as a public place hence simply put the answer to this question is in the negative.(Not being a smart ass)

There is no restriction which exists through law which can be enforced upon one drinking on the roads. However our moral and social stigma's eye those who indulge in such activities has outcasts and "hooligan's" (A pretty fair assumption)

State rules may restrict one from drinking in a particular public place(on a beach in Goa, controversial decision taken affecting the masses who view Goa as a place with no limits) so as to protect the safeguard its aesthetic value. Similar to how food is not allowed in certain venues.

Under the Indian Penal Code, Sec 268, however one can be booked for causing public nuisance after consumption of alcohol.

Sec 268. Public nuisance.-- A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

Although it is not specific to person who has consumed alcohol the police in most cases enforce the law under the purview of this section.

So simply put drinking in public place in India not illegal.