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

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.

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Bailable, Non-cognizable

Official 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.”

Legal Analysis

Elements to Prove:

  • The accused knew of an order promulgated by a public servant.
  • The public servant was lawfully empowered to promulgate the order.
  • The accused disobeyed the direction.
  • The disobedience caused obstruction, annoyance, or injury.

Potential Defenses:

  • The accused had no knowledge of the order.
  • The public servant was not lawfully empowered.
  • The order was not lawful.
  • No obstruction, annoyance, or injury was caused.

Practical Examples

What Constitutes the Offense:

A person violating a curfew order, or not following traffic regulations that cause obstruction.

What Doesn't Constitute:

A person being unaware of an order, or following an order that was later found to be illegal.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court held that this section applies to disobedience of lawful orders that cause obstruction or annoyance.

Punishment

Simple imprisonment for up to 1 month, or Fine up to ₹200, or both

Related Information

Connected Sections:

This section deals with disobedience of public orders. It is often charged alongside other contempt offenses.

Procedural Aspects:

No government sanction is required. The case is triable by any Magistrate.

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