Disobedience to order duly promulgated by public servant
AI Assist
Summary
Knowingly disobeying an order issued by a lawfully empowered public servant to abstain from an act, or to deal with property under your control, is an offence. If the disobedience causes or risks obstruction, annoyance or injury, punishment may be up to one month simple imprisonment or a fine up to Rs. 200, or both. If it causes or risks danger to life, health or a riot, punishment may be up to six months imprisonment or a fine up to Rs. 1,000, or both. No intention to cause harm is required.
Example
Priya is ordered by a municipal health officer to close her street-food stall during a local infectious outbreak. She knowingly continues to sell and some customers become ill; because her disobedience created a danger to health, she can be punished with up to six months imprisonment or a fine up to Rs. 1,000, 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, 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.
Explanations
(1) 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.
Illustrations
(1) An order is promulgated by a public servant lawfully empowered to promulgated 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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