Bare ActsIndian Penal Code, 1860 (IPC)

Section 188

Disobedience to order duly promulgated by public servant

The IPC 1860 was replaced by the BNS 2023 (in force 2024-07-01); no verified section mapping on file for Section 188 — confirm the corresponding provision (savings: Section 358, BNS 2023).

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 of 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. 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. CLASSIFICATION OF OFFENCE Para I: Punishment--Simple imprisonment for 1 month, or fine of 200 rupees, or both--Cognizable--Bailable--Triable by any Magistrate--Non-compoundable. Para II: Punishment--Imprisonment for 6 months, or fine of 1,000 rupees, or both--Cognizable--Bailable--Triable by any Magistrate--Non-compoundable.

Section 188 – Indian Penal Code, 1860 (IPC) | DailyLaw.ai