76. Penalty for being drunk and for disorderly behaviour.
Whoever,-(1)in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access—(a)is drunk and is incapable of taking care of himself, or(b)behaves in a disorderly manner under the influence of drink, or(2)not being the holder of a permit granted under the provisions of this Act or is not eligible to hold a permit under section 31, section 34 or section 37 is found drunk in any place,-shall, on conviction, be punished,-(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:Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than seven days and fine shall not be less than twenty-five rupees;(b)for a second and subsequent offences, 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 judgment of the Court, such imprisonment shall not be less than one month and fine shall not be less than one hundred rupees.In a prosecution for an offence under clause (1), it shall be presumed, unless 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.
