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IPC, 1860
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IPCChapter XSection 188
Section188

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 text

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.

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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X

Chapter X

Of Contempts of the Lawful Authority of Public Servants

In this chapter

  • 172Absconding to avoid service of summons or other proceeding
  • 173Preventing service of summons or other proceeding, or preventing publication thereof
  • 174Non-attendance in obedience to an order from public servant
  • 175Omission to produce document to public servant by person legally bound to produce it
  • 176Omission to give notice or information to public servant by person legally bound to give it
  • 177Furnishing false information
  • 178Refusing oath or affirmation when duly required by public servant to make it
  • 179Refusing to answer public servant authorized to question
  • 180Refusing to sign statement
  • 181False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
  • 182False information, with intent to cause public servant to use his lawful power to the injury of another person
  • 183Resistance to the taking of property by the lawful authority of a public servant
  • 184Obstructing sale of property offered for sale by authority of public servant
  • 185Illegal purchase or bid for property offered for sale by authority of public servant
  • 186Obstructing public servant in discharge of public functions
  • 187Omission to assist public servant when bound by law to give assistance
  • 188Disobedience to order duly promulgated by public servant
  • 189Threat of injury to public servant
  • 190Threat of injury to induce person to refrain from applying for protection to public servant
Previous · Section 187Omission to assist public servant when bound by law to give assistanceNext · Section 189Threat of injury to public servant