lpc188

Hi,

IPC Section 188 talks about Disobedience to order duly promulgated by public servant. 

Central Government has put a lockdown on 21 days across the country to overcome the Coronavirus in India. The declaration of lockdown to fight Coronavirus has been implemented under the epidemic law (Epidemic Diseases Act, 1897). The same law provides that if a person violates the instructions given by the government in lockdown, then he will be prosecuted under Section 188 of the Indian Penal Code.
 

Section 188 can be imposed against you for violating the instructions given by a government employee in this regard.

To impose this clause on anyone and take legal action, it is not necessary that anyone has suffered or been harmed by breaking the rules. If you are aware of those instructions issued by the government and yet you are violating them, then legal action can be taken against you under section 188.

There are two provisions under Section 188 of the IPC -
1) if you violate the orders given by the government or any government official lawfully, or any of your actions harm the person engaged in law and order, then you can be sentenced to a minimum of one month in jail or a fine of 200 rupees or both.

2) Because your act causes risk to human life, health or safety, and the violation of government orders, so you are liable to at least 6-month imprisonment or a fine of 1000 rupees or both.

According to the first schedule of the Criminal Procedure Code (CrPC 1973), bail can be obtained in both cases and action can be taken by any magistrate.

I hope this solves your query.

Regards,

Archit

What happened with Section 188 IPC?

1. DID you get arrested u/s 188 ????

.OR.

2. Are you planning on violating section 144 r/w 188 ????