Section 188 of The Indian Penal Code

During this COVID period governments across India have issued orders and restrictions under the Epidemic Diseases Act, 1897. This act lays down penalties and punishments for disobeying any regulation or order made under the act. According to section 188 of Indian Penal Code these are termed as Disobedience to order duly promulgated by a public servant.

Section 188 of IPC comes under the Code’s Chapter X which lays down penalties for the offenses ‘Of contempts of the Lawful Authority of Public servants’ 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 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 description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”. We have explained in simpler words what the law says.

According to section 188 of IPC even if the offender didn’t intend to produce harm or carry on with the disobedience of the order by the public servant in order to produce harm and it is sufficient that the person knows about the order that he is disobeying and that by disobeying or his disobedience produces harm to be charged with either imprisonment or fine or both. 

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Section 188 IPC- Disobedience to Order Duly Promulgated by Public Servant

It is important to remember that it is every citizen's moral responsibility to follow the laws that have been established. When a person commits an infraction by violating a government order, the Indian Penal Code lays out heavy sanctions. Section 188 of the Indian Penal Code, for example, deals with disobedience to a legally proclaimed order by a public officer.

What Refers to an Order Duly Promulgated by a Public Servant Under Section 188?

According to this section, a person commits an offense under section 188 of the IPC if he knows that an order has been passed or stated in public by a public official and that he is obligated to abide by it, despite the fact that he is bound to do so.

The following elements must be present to constitute an offense under IPC 188:

• An order was promulgated, and it was promulgated by a governmental official.

• The promulgation was made by a public worker who was legally authorized to do so.

• Proclamation prohibiting him from doing or taking specific actions in relation to a particular property in his control or administration.

• The accused was informed of the decision.

• The accused disobeyed such a proclamation.

• Disobedience of this nature has caused or tended to cause obstruction, annoyance, injury, or risk of injury to a person lawfully engaged, or has caused or tended to cause danger to human life, health, or safety, or has caused or tended to provoke a riot or affray.

It is not essential that the act committed by a person be done with the intent of harming others; rather, his mere awareness that such an order has been issued and he disobeys it is enough to make him accountable for an offense under this provision.

What happens if you Violate an Order by the Public Servant? 

There are two Offenses under Section 188:

If such disobedience causes hindrance, irritation, or injury to those legitimately engaged, it is considered disobedience to a properly proclaimed order. If a person is charged with this crime, he or she may be sentenced to one month of simple jail or a fine of Rs 200, or both.

However, if the disobedience endangers human life, health, or safety, the person can be sentenced to 6 months in prison or a fine of up to Rs 1000, or both.

What Refers to Disobedience of order Under Section 188?

Whenever a public servant, who is legally authorized to put such an order into effect by an official proclamation, announces the order publicly, if any person having knowledge of the order abstains from doing certain things, or refuses to take certain orders with certain property in his possession or under his management, or disobeys the order, causing hindrance, annoyance, or injury, or posing a threat. Also, if disobedience results in a riot or affray, the individual will be held accountable under section 188 of the Indian Penal Code. 

It is not, however, necessary for disobedience to inflict injury. To commit an offense under this section, all that is required is knowledge of disobedience and knowledge that such disobedience may cause harm.

In one of its decisions, the Madras High Court stated that a person can be legally justified even though they are not legally empowered. A Police Inspector, for example, may stop someone from playing music or making a speech if he suspects a breach of peace, but he does not have the legal authority to do so under this Section. Furthermore, "to make known by a public statement, to publish, to disseminate, or to proclaim" would be the definition of "promulgation of the order." The standard procedure is to publish a notice in the Gazette and to publicize it in newspapers with a large circulation.

‘Not Having Knowledge that Disobedience May Cause Harm Cannot be a Defense’

In one of its decisions, the Madras High Court declared that if A allows his dog to run uncontrolled in a town where no order for dog chaining has been issued, A will not be liable for any mischief the animal may cause unless it can be established that A knew the animal was dangerous. However, if a dog confinement order has been issued, and A was aware of it, it will not be a defense for him to claim, much less establish, that he believed his dog was totally harmless. A shall be punished if the Court determines that A's disobedience caused or threatened to cause harm. A, on the other hand, will not be punished if the Court determines that there was no threat and that the local order was improper.

Section 188 of the Indian Penal Code and Nature of Offences

An order is issued by a public servant who is legally authorized to issue such an order, directing that a religious procession not pass down a particular street. A willfully disobeys the order, putting the community in danger of riot. This section's offense has been committed by A.

In a groundbreaking judgment, the magistrate ordered the attachment of certain standing crops. Despite knowing about the attachment order, the accused reaped and removed the produce. The Orissa High Court stated that because the accused's disobedience of the order had the potential to incite riot or affray, the accused will be held accountable under section 188 of the Indian Penal Code.

Offenses under Section 188 are cognizable, bailable, and can be tried by any magistrate, according to the First Schedule of the Criminal Procedure Code (CrPC), 1973, which implies a charge under Section 188 would require arrest and a person accused under this Section could be released on bail.