Section 85. Penalty for being drunk and for disorderly behaviour.

1[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,- (a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to 2[ten thousand 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 three months and fine shall not be less than 3[five thousand rupees]; and (b) for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of 4[ten thousand 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 six months and fine shall not be less than 5[seven thousand five hundred rupees]. 6[(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.]