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.
Explanations
- 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.
Illustrations
- An order is promulgated by a public servant lawfully empowered to promulgated 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.
IPC Section 188: Simplified Explanation
IPC Section 188 of the Indian Penal Code (IPC) is titled “Disobedience to order duly promulgated by a public servant.” This section addresses situations where an individual disobeys an order given by a public servant. This disobedience causes or tends to cause obstruction, annoyance, or injury to any person lawfully employed, or danger to human life, health, or safety, or a riot or affray. The key aspect of this provision is the requirement that a public servant promulgates the disobeyed order lawfully to prevent actions threatening public safety or convenience.
Is IPC Section 188 bailable?
IPC Section 188 is classified as a bailable offence. This means the accused can be released on bail after arrest, typically on their surety or through a bail bond.
IPC Section 188 Punishment
The punishment for disobeying an order under IPC Section 188 can vary based on the severity of the potential harm caused by the disobedience:
- If such disobedience causes or tends to cause obstruction, annoyance, injury, or risk of it to any person lawfully employed, the punishment can be imprisonment for up to one month, a fine of up to two hundred rupees, or both.
- 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, the punishment can be imprisonment for up to six months, a fine of up to one thousand rupees, or both.
Example of IPC Section 188
A real-life example of IPC Section 188 could involve a situation during a public health crisis like a pandemic, where a government official orders a curfew or restricts gatherings to prevent the spread of the disease. If an individual or group deliberately organizes or participates in a large gathering violating these orders, thereby risking public health, they could be charged under this section.
