85. Penalty for being drunk and for disorderly behaviour.
- [(1) whoever, in any street, thoroughfare, public place, in any place to which the public have or are permitted to have access, is drunk and creates nuisance, takes up a quarrel with any person, uses foul or abusive language, indulges in fight with others, misbehaves with any woman or beaves obscenely, shall, on conviction, be punished with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine.] [Substituted by Gujarat Act No. 9 of 2017, dated 16.3.2017.]shall, on conviction, be punished,-(i)for an offence under clause (1) [or clause (3)] [These words, brackets and figure were inserted by Bombay 18 of 1953, Section 3 and Second Schedule.],(a)for a first offence, with imprisonment for a term which may extend to one month and with fine which may extend to two thousand rupees;[***] [Proviso deleted by Gujarat 7 of 2005, dated 25th February 2005 (w.e.f. 17-02-2006).](b)for subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; and[***] [Proviso deleted by Gujarat 7 of 2005, dated 25th February 2005 (w.e.f. 17-02-2006).](ii)for an offence under clause (2)-(a)for a first offence, with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees;[***] [Proviso deleted by Gujarat 7 of 2005, dated 25th February 2005 (w.e.f. 17-02-2006).](b)for subsequent offence, with imprisonment for a term which may to one year and with fine which may extend to one thousand rupees;[***] [Proviso deleted by Gujarat 7 of 2005, dated 25th February 2005 (w.e.f. 17-02-2006).](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 or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.] [Sub-section (2) was added by Bombay 26 of 1952, Section 38 (2).]
