Section 188 - Disobedience to order duly promulgated by public servant
Section 188 IPC is divided into two paragraphs. It deals with the acts of disobedience committed against the orders passed by a public servant, lawfully empowered to pass such orders.
Sec 188 IPC as stated in the code reads as, “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 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 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;”
Further, an explanation is also provided to section 188 of the Indian Penal Code. It says 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.
According to sec.188 Indian Penal Code, disobedience to the order promulgated by the public servant is an offence.
For a better understanding of this section, it is necessary to know what the term Promulgated means. The term ‘Promulgated' means to make or pronounce an order publically. However, the modes of making an order promulgated may differ. It can be in terms of a judgment, it could be published in the official gazette and etc.
As per this section, when a person knows that an order has been passed or pronounced in public by a public servant and he knows that he is bound to abide by it, despite this fact, if he does not follows it, that person is said to commit an offence under section 188 of IPC.
To establish an offence under IPC 188 following essentials must be there:
- There was promulgation of an order
- Such promulgation was made by a public servant
- Public servant was legally empowered to make the promulgation
- Promulgation directed not to do certain things or to take certain orders in connection with certain property in his possession or management
- Accused was aware of the promulgation
- Such promulgation was disobeyed by the accused
- Disobedience so committed has caused or tended to cause obstruction, annoyance, injury, or risk of the same to a person lawfully employed or caused or tendered to cause danger to human life, health or safety or a riot or affray.
For the purpose of this section, an explanation with support of an illustration is also provided.
It says it is not necessary whether the act committed by a person intends to harm others or not, rather his mere knowledge that such an order was passed and he disobeys it, is enough to make him liable for committing an offence under this section.
The term of punishment in the cases of IPC Section 188 differs on the basis of the gravity of the offence committed. The term of punishment for committing an offence defined under Para- 1 where a person is directed to act in a particular manner or is directed to abstain from a certain property, even then if the person takes the possession of such property, and tends to cause injury, annoyance he is liable to simple imprisonment for a term of 1 month, or fine of Rs. 200 or it could be both, depending on the facts and circumstances of the case. An offence committed under para-1 of this section is a bailable and cognizable offence which is triable by any Magistrate.
Further, Para- 2 states punishment for the offence where the act committed tends to cause harm to the human life or causes the situation of riots and affray, person committing such an act is liable to imprisonment for a term of 6 months, or fine of Rs.1000, or both depending on the nature and gravity of the offence so committed. An act committed under this para is a Bailable and cognizable offence triable by any magistrate.
