What is Section 188 IPC? Disobedience to order duly promulgated by public servant
Published on: Lawiz Team
Learn about Section 188 IPC: Disobedience to order duly promulgated by public servant
Official Legal Text
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 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.
What This IPC Section Means – Explained in Simple Words
Section 188 punishes anyone who disobeys an order issued by a public servant that is legally authorized and publicly notified.
Purpose
To maintain public order and ensure compliance with lawful orders issued by public authorities.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 200 rupees, or both; If such disobedience causes danger to human life, health, or safety, imprisonment up to 6 months, or fine up to 1,000 rupees, or both.
Key Elements
Disobedience of an order issued by a public servant that is legally valid and has been publicly notified.
Punishment Details
Simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. If such disobedience causes danger to human life, health, or safety, the imprisonment may extend to six months, or with fine, or both.
Legal Defenses
If the person can prove they were unaware of the order or that the order was illegal.
Judicial Interpretation
Courts ensure that the order was legally valid and properly notified.
Illustration
If a person violates a curfew order issued by a District Magistrate, they can be punished under Section 188.
FAQs
What does Section 188 IPC define?
Disobedience to order duly promulgated by public servant.
Where is Section 188 IPC applicable?
It applies to false evidence, obstruction of justice, and non-cooperation with public authorities.
Why is Section 188 IPC important?
It ensures the integrity of judicial and administrative processes by punishing falsehood and obstruction.
Give an example involving Section 188 IPC.
Examples include giving false statements under oath or preventing summons service.
What punishment is applicable under Section 188 IPC?
Punishment ranges from fines to several years of imprisonment based on offence severity.
Is Section 188 IPC linked to other IPC laws?
Yes, especially with laws governing evidence, court proceedings, and public duties.
How have courts interpreted Section 188 IPC?
Courts stress strict adherence to truth and severe penalties for falsehoods and obstruction.