Penalty For Being Drunk And For Disorderly Behaviour

(1) Whoever on any street or through fare or public place or in any place to which the public have or are permitted to have access is drunk and incapable of taking care of himself, or behave in a disorderly manner under the influence of drink, shall on conviction. (a) for the first offence be punished with imprisonment for a term which may extend to one month and with fine which may extend to two hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than seven days and fine twenty five rupees; and (b) for subsequent offence be punished with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than one month and fine shall not be less than one hundred rupees; (2) In prosecution for an offence under sub-section (1), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor for the purpose of ~ being intoxicated and not for medicinal purpose.