Punishment for being found in a state of intoxication

Whoever is found in a state of intoxication in and public place 1[otherwise than as permitted under any law], shall be 2[punishable with imprisonment which shell not be less than two months but which may extend upto 3[one year, or with fine] which may extend upto two thousand rupees], or with both. 4 [Explanation:- For the purposes of this section “intoxication” means a state state of mind and behavior in which a person is incapable of knowing the nature of his actions or incapable of judging the consequences thereof by reason of intoxication.]