SECTION 188 IPC - Indian Penal Code - Disobedience to order duly promulgated by public servant


Description

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 persons 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 tends 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.

Offence : Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed! If such disobedience causes danger to human life, health or safety, etc.!


Punishment : Simple Imprisonment for 1 Month or Fine or Both! 6 Months or Fine or Both!


Cognizance : Cognizable! Cognizable!


Bail : Bailable! Bailable!


Triable : Any Magistrate! Any Magistrate!





Section 188 IPC- Disobedience to order duly promulgated by public servant

One should always keep in mind that it is a moral responsibility of every citizen to obey the laws ordained. When a person commits an offence by disobeying any order promulgated, Indian Penal Code gives strict provisions regarding the punishments for such offences.



What refers disobedience of order promulgated?

Whenever an order is announced publically by a public servant, who is legally authorized to put such order into effect by an official proclamation, if any person having the knowledge that the order passed abstains him/her from certain act, or to take certain order with certain property in his possession or under his management, disobeys the order which causes hindrance, annoyance or injury, or possibility of obstruction, to the person who was legally employed to pass such order will be held responsible for disobedience to order duly promulgated by the public servant. Also if the disobedience leads to a riot of affray or puts human life at risk then the person will be held liable under section 188 of Indian Penal Code. However, it is not essential for disobedience to cause harm. Mere knowledge of disobeying and knowledge that such disobedience may cause harm is sufficient to commit an offence under this section.



Essentials of Section 188 Indian Penal Code

If a person commits an offence under section 188 of IPC, certain conditions must be fulfilled for application of the section.


  • There must be a promulgation of an order.
  • Promulgation must have been made by a public servant.
  • Public servant making promulgation must be legally empowered.
  • Promulgation must have directed not to do certain things.
  • The person guilty must be aware of the promulgation and must have disobeyed the order.
  • Disobedience committed must have caused obstruction, annoyance or injury to a person lawfully employed, or
  • Disobedience committed must have caused danger to human life, health or safety or a riot or affray.

Madras High Court in one of its judgement specified that, a person may be legally justified, though not lawfully empowered. For example, a Police Inspector may stop the playing of music or speech made by someone, if he apprehends breach of peace, but he is not lawfully empowered to do so within the meaning of this Section. Also, Promulgation of an order would mean “to make known by public declaration, to publish, to disseminate or to proclaim". The normal practice that is followed is, by way of a publication in Gazette and by announcing the same in newspapers with wide circulation.



Not having knowledge that disobedience may cause harm cannot be a defence

Madras High Court in one of its judgement said, if in a town where no order was passed for chaining up of dogs, A suffers his dog to run about loose, A will not be liable to punishment for any mischief which the animal may do, unless it can be shown that A knew the animal to be dangerous. But if an order for confining dogs has been issued, and if A knew of that order, it will not be a defence for him to allege, and even to prove, that he believed his dog to be perfectly harmless. If the Court thinks that A's disobedience has caused harm, or risk of harm, A will be liable to punishment. On the other hand, if the Court thinks that there was no danger, and that the local order was a foolish one, A will not be liable to punishment.



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.

For example, in a landmark decision, the magistrate issued an order attaching certain standing crop. Even though the accused knew about this attachment order he reaped and removed the crop. It was said by the Orissa High Court that since the disobedience of the order by the accused had a tendency to cause riot or affray, the accused will be held liable under section 188 of Indian Penal Code.



Punishment prescribed under section 188 of IPC

Under section 188 of Indian Penal Code when an offence of disobedience of an order duly promulgated by a public servant has been committed which causes obstruction, annoyance or injury to the legal authority passing the order, then the offender will be punished with simple imprisonment for one month or fine up to 200 rupees. However, if any disobedience of the order causes risk to human life or leads to a riot or affray the person will be punished with imprisonment of 6 months or with fine up to 1000 rupees. The term of punishment depends upon the gravity of the offence committed.



Nature of offence under section 188 of IPC

The offence punishable under section 188 of IPC is a cognizable offence, meaning thereby, if a person has committed an offence under this section the police can arrest such person without a warrant. An offence under this section is bailable in nature and is liable to be investigated and decided by the Magistrate who is having the authority over the area where such offence has been committed.

FAQ's on IPC Section 188


What offence is defined under IPC 188?

IPC 188 Offence: Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed! If such disobedience causes danger to human life, health or safety, etc.! .


What is the punishment for IPC 188 Case?

The punishment for IPC 188 is Simple Imprisonment for 1 Month or Fine or Both! 6 Months or Fine or Both! .


Is IPC 188 cognizable offence or non-cognizable offence?

IPC 188 is a Cognizable! Cognizable! .


How to file/defend your case for IPC 188 offence?

Use LawRato for filing/defending your case under IPC 188 with the help of best criminal lawyers near you.


Is IPC 188 bailable or non-bailable offence?

IPC 188 is a Bailable! Bailable! offence.


In what court can IPC 188 be tried?

IPC 188 is tried in the court of Any Magistrate! Any Magistrate! .



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