Selling non-essential items during lockdown

With strict measures taken by the government to prevent COVID outspread, the sale of non-essential items has also been restricted during lockdown. The sale and even purchase of items that fall under ‘basic necessities’ has only been allowed by the government. However, different guidelines have been issued by different states based on the number of cases. The question that arises in people’s mind is whether sale of non-essential items can result in legal penalties or not. Let’s understand the same by the below discussion:
 

What happens if you are caught selling non-essential items during lockdown?

Section 188 of IPC provides punishment for “disobedience to order duly promulgated by public servant” and prescribes action against “whoever, knowing that, by an order promulgated by a public servant, is directed to abstain from certain act, or to take certain order with certain property in his possession or under his management disobeys such direction.” Section 188 of the Indian Penal Code has been stated below verbatim:

“188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.”
 
As per Section 188, there are two offences. Firstly, if such violation to the lockdown order causes obstruction, annoyance, injury, or risk of the same to any person lawfully employed (such as police or persons appointed by authorities), the accused is liable for punishment with simple imprisonment up to one month or with fine up to Rs 200 or both. Secondly, if such disobedience causes or tends to cause danger to human life, health or safety, riot or affray shall be punished with imprisonment up to six months or with a fine up to Rs 1,000 or both.
 
However, it is not necessary that the offender should intend to produce harm or contemplate his disobedience as likely to produce harm, but it is sufficient for authorities to take action on the premise that the offender knows about the order that he disobeys and such violation is likely to produce harm. As per the first schedule of the Criminal Procedure Code, 1973, both the offences are bailable, cognizable, and can be tried by any magistrate.