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 5 Replies

Saura   25 May 2021

Hello, 

Can you please specify section 188 of which act or statute? 

Sankaranarayanan (Advocate)     25 May 2021

Vague query                                               

P. Venu (Advocate)     26 May 2021

What are the facts? What is the context?

T. Kalaiselvan, Advocate (Advocate)     26 May 2021

IPC Section 188 : Disobedience to order promulgated by public servant;

It is a cognizable, bailable and non-compoundable offence.

Descripttion:

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 descripttion for a term which may extend to six months, or with fine which may extend to one thousand 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 descripttion 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.

Sudhir Kumar, Advocate (Advocate)     10 June 2021

please narrate facts of the case.


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