IPC Section 188
🔹 IPC Section 188 – Disobedience to Order Lawfully Published by Public Servant
Text of Section 188
"Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is required to do or to abstain from doing any act, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk thereof, to any person 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.
If such disobedience causes danger to human life, health or safety, or causes riot or affray, the punishment may extend to six months imprisonment, or fine up to one thousand rupees, or both."
🔍 Explanation
IPC Section 188 deals with willful disobedience to lawful orders issued by a public servant. The section is meant to maintain public order by ensuring that people follow orders issued by authorized public servants.
🔹 Elements of Section 188
There must be a lawful order issued by a public servant who is empowered to issue such an order.
The person must have knowledge of the order.
The person disobeys the order either by doing something forbidden or by not doing something required.
The disobedience causes or tends to cause:
Obstruction, annoyance, or injury to a lawfully employed person; OR
Danger to human life, health, or safety; OR
Riot or affray (a public fight or disturbance).
🔹 Punishment under Section 188
| Situation | Punishment |
|---|---|
| Causes obstruction, annoyance, or injury (or risk) | Imprisonment up to 1 month, or fine up to ₹200, or both |
| Causes danger to life, health, safety, riot, or affray | Imprisonment up to 6 months, or fine up to ₹1,000, or both |
🔹 Examples of Orders Covered by Section 188
Orders to maintain public peace.
Orders issued during curfew or lockdown.
Directives given by police during crowd control.
Orders to abstain from certain activities during epidemics or public health emergencies.
Directions to keep off private property or not trespass.
🔹 Important Points
The order must be lawful and publicized (published or communicated properly).
The person must be aware of the order to be guilty of disobedience.
Disobedience leading to serious consequences like riot, danger to life, or health attracts harsher punishment.
Section 188 is often invoked during times of emergencies, protests, epidemics, and curfews.
🔹 Real-Life Context
For example, during a curfew, if a person knowingly goes out and disobeys the curfew orders, they can be punished under Section 188.
Or if during a pandemic, the government issues an order to not gather in crowds, and someone violates it, risking public health, they may be prosecuted under this section.
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