Section 188 IPC: Disobedience to Public Servant’s Order
This section of the Indian Penal Code deals with the offense of disobeying a lawful order issued by a public servant.
1. Code
Section 188 of the Indian Penal Code:
Whoever, being legally bound to do so, disobeys any lawful order promulgated by a public servant, shall 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.
2. Explanation
- “Legally bound to do so”: This implies that the person must have been aware of the order and had a duty to obey it.
- “Lawful order”: The order must be within the powers of the public servant and must not be arbitrary or unreasonable.
- “Public servant”: This term is defined in Section 21 of the IPC and includes various officials like police officers, government employees, etc.
- Punishment: The punishment for disobedience can range from a simple imprisonment to a fine.
3. Illustration
Imagine a police officer directing traffic during a heavy downpour. A driver ignores the officer’s instructions and drives through a no-entry zone, causing a traffic jam. The driver could be charged under Section 188 for disobeying a lawful order given by a public servant.
4. Common Questions and Answers
Q: Can an order issued by a private individual be considered a lawful order under Section 188?
A: No, the order must be issued by a public servant.
Q: What if I am not aware of the order?
A: Ignorance of the law is not an excuse. If you are legally bound to obey an order, you are expected to be aware of it.
Q: What if I have a valid reason for disobeying the order?
A: You may have a valid defense if you can prove that you had a genuine reason for disobeying the order and that it was not an intentional act of defiance. However, the burden of proof rests on you.
