Penalty for being drunk and for disorderly behaviour

(1) Whoever, in any street or throughfare or public place or in any place to which the public have or are permitted to have access— (1) is drunk and incapable of taking care of himself, or (2) behaves in a disorderly manner under the influence of drink, or (3) is found drunk but who is not the holder of a permit granted under the provisions of this Act or is not eligible to hold a permit under section 40, 41, 46 or 46A. shall, on conviction, be punished, — (i) for an offence under clause (1) or clause (3), (a) for a first offence, with imprisonment for a term which may extend to one month and with fine which may extend to two hundred rupees: (b) for subsequent offence, with imprisonment for a term which may extent to six months and with fine which may extent to five hundred rupee; (ii) for an offence under clause (2),— (a) for a first offence, with imprisonment for a term which may extent to three months and with fine which may extent to five hundred rupee; (b) for a subsequent offence, with imprisonment for a term which may extent to one year and with fine which may extent to one thousand rupees; (2) In prosecution for an offence under sub-section (7), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.