Section 189 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 189 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
1. Purpose and Background
Section 189 deals with failure to comply with a public servant’s lawful order during civil safety operations, emergencies, or disaster situations when the disobedience creates obstruction or danger to the protection of life, health, or property.
It complements Section 188, which punishes general disobedience.
Section 189 focuses on obstruction to the enforcement of lawful orders by public authorities.
This provision is intended to ensure compliance with official directives in situations critical to public safety, including:
Natural disasters
Epidemics and health crises
Fire, flood, or industrial emergencies
2. Legal Meaning of Section 189
Section 189 criminalizes:
Any person who obstructs, hinders, or prevents a public servant from executing a lawful order issued to maintain public safety or protect life, health, or property.
Key distinctions from Section 188:
Section 188 punishes disobedience of orders.
Section 189 punishes obstruction of enforcement of orders by others.
Even if the person does not violate the order personally, hindering its implementation is an offence.
3. Elements of the Offence
To constitute an offence under Section 189, the following elements must be present:
Existence of a lawful order:
Issued by a public servant authorized by law
Related to public safety, health, or property protection
Obstruction or Hindrance:
Physical obstruction (blocking roads, access, or evacuation routes)
Verbal interference or intimidation preventing compliance
Incitement of others to ignore or violate the order
Knowledge or Intent:
The person must know about the order or be reasonably expected to know
Actions must be willful or reckless to interfere with compliance
4. Punishment Under Section 189
BNSS, 2023 prescribes graduated punishment depending on the severity of obstruction:
| Situation | Punishment |
|---|---|
| Minor obstruction | Imprisonment up to 3 months, or fine, or both |
| Obstruction causing danger to life, health, or property | Imprisonment up to 6 months, or fine, or both |
| Obstruction during emergencies (disaster, epidemic, civil unrest) | Imprisonment up to 1 year, and/or fine |
Courts consider the intent, harm caused, and scale of obstruction.
Penalties are higher if the obstruction directly endangers others or prevents emergency response operations.
5. Practical Examples
🔹 Disaster Evacuation
A public servant orders evacuation of a flood-prone village.
If residents block rescue teams or refuse to allow boats or vehicles to pass, Section 189 applies.
🔹 Health Emergency
Health authorities impose quarantine in a contagious disease zone.
Individuals preventing officials from entering homes or facilities are liable under Section 189.
🔹 Fire or Industrial Emergency
Firefighters or disaster management officials need to access a factory.
Obstructing access or equipment is punishable under Section 189.
6. Distinction from Section 188
| Aspect | Section 188 | Section 189 |
|---|---|---|
| Target | Person disobeying orders | Person obstructing enforcement |
| Focus | Non-compliance | Interference with officials |
| Punishment | Up to 1 year | Up to 1 year (higher if obstruction is dangerous) |
| Example | Refusing evacuation | Blocking fire trucks during evacuation |
7. Key Points for Compliance
Do not obstruct public servants executing lawful orders, even if you personally disagree.
Follow official directions during emergencies, disasters, and public safety operations.
Ignorance of the order does not exempt liability if it is publicly communicated or reasonably known.
Both individual actions and instigating others to obstruct can be punished.
8. Summary
Purpose: Protect public servants and ensure effective enforcement of safety orders.
Scope: Applies during emergencies, health crises, disasters, and other civil safety operations.
Offence: Obstruction, hindrance, or interference with lawful orders.
Punishment: Fine and/or imprisonment (up to 1 year for serious obstruction).
Practical Importance: Helps ensure swift response in emergencies, preventing loss of life, property, or public health crises.
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