Disobedience to order duly promulgated by public servant
AI Assist
Summary
Knowingly disobeying a lawful order promulgated by a public servant is an offence when the disobedience causes or risks causing obstruction, annoyance, injury, or interferes with persons lawfully employed. The punishment can be simple imprisonment up to six months, or a fine up to Rs 2,500, or both. If the disobedience causes or risks danger to life, health or safety, or causes a riot or affray, the penalty is imprisonment (of either description) up to one year, or a fine up to Rs 5,000, or both. No intent to cause harm is required; mere knowledge of the order plus the harmful result is sufficient.
Example
Priya runs a pavement stall. A municipal officer legally orders her to clear the footpath for a scheduled procession. Priya knowingly keeps her stall and blocks the way, causing risk of obstruction to people lawfully employed nearby. She can be prosecuted and face up to six months simple imprisonment or a fine up to Rs 2,500, or both; if her action risks danger to life or causes a riot, the maximum penalty rises to one year or Rs 5,000, or both.
Bare Act
Enacted textWhoever, 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,
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(a) 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 six months or with fine which may extend to two thousand five hundred rupees, or with both;
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(b) and where 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 one year, or with fine which may extend to five 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.
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