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,—
(a) 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 six months, or with fine which may extend to two thousand and five hundred rupees, or with both;
(b) and where 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 one year, or with fine which may extend to five 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.
Simplified Explanation
Section 223 deals with disobedience to an order duly promulgated by a public servant. This provision addresses individuals who fail to comply with legal directions issued by public authorities, potentially causing harm or obstruction.
Key Elements of Section 223
1. Disobedience to a Lawful Order
- The section criminalizes the act of disobeying an order issued by a public servant who is lawfully empowered to give such orders. The person must know that the order requires them to either:
- Abstain from a certain act, or
- Take certain actions with property under their possession or management.
2. Conditions for Punishment
- Disobedience is punishable under two conditions, depending on the impact or potential impact of the violation:
(a) Harm or Risk of Harm to Lawfully Employed Persons
- If the disobedience causes or tends to cause obstruction, annoyance, injury, or risk of harm to anyone lawfully employed, the individual can be punished with:
- Simple imprisonment for up to six months, or
- Fine up to two thousand and five hundred rupees, or
- Both imprisonment and fine.
(b) Danger to Life, Health, or Safety
- If the disobedience endangers human life, health, or safety, or causes or risks a riot or affray, the punishment is more severe:
- Imprisonment of either description for up to one year, or
- Fine up to five thousand rupees, or
- Both imprisonment and fine.
3. Knowledge of the Order
- Knowledge of the order is essential; it is not necessary for the offender to intend harm. It is enough that they are aware of the order and their disobedience either causes or risks harm.
Explanation of Key Points
- Knowledge of the Order: The person must be aware of the order they are disobeying. Intent to cause harm is not a requirement, meaning that unintentional harm from disobedience still makes the person liable.
- Types of Harm:
- Obstruction or Annoyance: Even minor disruptions, such as interfering with a public servant’s work or causing inconvenience, can lead to penalties.
- Danger or Risk to Life/Health: More serious consequences, like risk of injury or death, or causing a riot, attract heavier punishment.
Illustrative Scenarios
- Scenario 1: A public servant orders that a religious procession must avoid a certain street due to the risk of a riot. Despite this order, an individual knowingly leads the procession down the street. This action leads to a riot. The individual is liable under Section 223.
- Scenario 2: A person is ordered to keep certain dangerous chemicals secured under public health regulations. If they ignore this order and leave the chemicals unsecured, endangering public safety, they are subject to punishment under this section.
Purpose and Significance of Section 223
- Ensures Public Order and Safety: The section aims to maintain public safety and order by penalizing individuals who disregard lawful orders from public servants. It stresses the importance of compliance with rules that are vital to the public good, including safety measures, law enforcement, and public health.
- Discourages Disruption of Public Duties: By holding individuals accountable for disobeying orders, this provision discourages actions that disrupt public functions or cause harm to others, including law enforcement officers, public servants, and the general public.
Conclusion
Section 223 of the Bharatiya Nyaya Sanhita, 2023 is a crucial provision designed to enforce obedience to lawful orders issued by public servants. It imposes punishments ranging from fines to imprisonment, depending on the severity of the consequences of the disobedience. The section serves to maintain public order and protect public safety, holding individuals accountable for their actions when they knowingly defy orders that are meant to prevent harm or maintain peace.
