PPC Section 188 | Disobedience to order duly promulgated by public servant:

PPC Section 188

PPC Section 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 persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to  [six 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  [three 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 the section.

Offence Cognizance Summons Bail Punishment Triable
Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Shall not arrest without warrant. Summons Bailable Simple imprisonment for 1 month, or fine of [600] rupees, or both. Magistrate of the first or second class.
If such disobedience causes danger to human life, health or safety, etc. Ditto Ditto Ditto Imprisonment of either description for 6 months, or fine of [3,000] rupees, or both. Ditto

Explanation of PPC Section 188

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