Section 188 IPC - Disobedience to Order Duly Promulgated by Public Servant
Section 188 of the Indian Penal Code, 1860 dealt with knowing disobedience of an order duly promulgated by a public servant lawfully empowered to issue it, where the disobedience caused or tended to cause the consequences specified in the section.
Section 188 IPC - Statutory Provision
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 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.
Explanation to Section 188 IPC
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.
Illustration Given in Section 188 IPC
An order is promulgated by a public servant lawfully empowered to promulgate 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.
Essential Ingredients of Section 188 IPC
- Lawfully empowered public servant: the order must be promulgated by a public servant who is lawfully empowered to promulgate it.
- Order or direction: the order must direct the person to abstain from a certain act or to take certain order with property in the person's possession or under management.
- Knowledge: the person must know of the order.
- Disobedience: the person must disobey the direction contained in the order.
- Specified consequence or tendency: the disobedience must cause, tend to cause, or create the relevant risk or danger described in the applicable part of Section 188.
Knowledge of the Order and Intention to Cause Harm
The statutory Explanation makes an important distinction. An intention to produce harm is not necessary. What is required by the text is knowledge of the order, disobedience of it, and production or likelihood of the harm contemplated by the section. Accordingly, knowledge of the order is a distinct statutory element.
Two Levels of Punishment Under Section 188 IPC
| Consequence of disobedience | Imprisonment | Fine |
|---|---|---|
| Causes or tends to cause obstruction, annoyance or injury, or risk of such obstruction, annoyance or injury, to persons lawfully employed | Simple imprisonment up to one month | Up to Rs. 200, or both |
| Causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray | Imprisonment of either description up to six months | Up to Rs. 1,000, or both |
Cognizance Under Section 195 CrPC
Section 188 IPC fell within IPC Sections 172 to 188. Under Section 195(1)(a) of the Code of Criminal Procedure, 1973, a court could not take cognizance of an offence punishable under those sections except upon a written complaint of the public servant concerned or of another public servant to whom that public servant was administratively subordinate.
The cognizance requirement under Section 195 CrPC was a procedural condition distinct from the substantive ingredients of Section 188 IPC.
Section 188 and Related IPC Provisions
Section 186 IPC dealt with voluntary obstruction of a public servant in discharge of public functions. Section 187 IPC dealt with intentional omission to assist a public servant where the person was legally bound to provide assistance. Section 188 specifically addressed knowing disobedience to an order duly promulgated by a lawfully empowered public servant where the statutory consequences or risks followed.
Pre-BNS Legal Position
Section 188 formed part of Chapter X of the Indian Penal Code concerning contempts of the lawful authority of public servants. This page describes the IPC and CrPC position before commencement of the Bharatiya Nyaya Sanhita, 2023. Where conduct or proceedings span the transition to the new criminal laws, the applicable saving and transitional provisions require separate consideration.
Legal information: This article provides general statutory information and does not substitute for legal advice concerning a particular order, alleged disobedience or proceeding.