Code
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.
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.
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.
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.
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.
