Section 223 BNS: Disobedience to Order Duly Promulgated by Public Servant
Section 223 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with knowing disobedience of a lawful order promulgated by a public servant who is legally empowered to issue that order. The punishment depends on the consequence, or likely consequence, of the disobedience.
Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on July 1, 2024, except the specified provision in Section 106(2).
Text of Section 223 of the Bharatiya Nyaya Sanhita, 2023
223. 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,-
(a) 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 six months, or with fine which may extend to two thousand and five hundred rupees, or with both;
(b) and where 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 one year, or with fine which may extend to five thousand rupees, or with both.
Explanation. 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. 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.
Section 223 BNS at a Glance
| Provision | Section 223, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Core conduct | Knowing disobedience of a lawful order duly promulgated by an empowered public servant |
| Section 223(a) | Where disobedience causes or tends to cause obstruction, annoyance or injury, or risk thereof, to a person lawfully employed |
| Maximum punishment under clause (a) | Simple imprisonment up to six months, fine up to Rs. 2,500, or both |
| Section 223(b) | Where disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray |
| Maximum punishment under clause (b) | Imprisonment of either description up to one year, fine up to Rs. 5,000, or both |
Essential Ingredients of Section 223 BNS
1. There must be an order promulgated by a public servant
The provision applies only where an order has been promulgated by a public servant who is lawfully empowered to promulgate it. The legal authority behind the order is therefore an essential part of the offence.
2. The person must know of the order
Knowledge is expressly required by Section 223. The person must know that the order directs him to abstain from a particular act or to deal with property in a specified manner.
3. There must be disobedience of the direction
After knowledge of the order, the person must disobey the direction. The section is not attracted merely because an order exists; the prosecution must establish the disobedience contemplated by the provision.
4. The consequence or likely consequence determines the clause
Clause (a) concerns obstruction, annoyance, injury, or the risk of such effects to a person lawfully employed. Clause (b) deals with the more serious situations of danger to human life, health or safety, or conduct that causes or tends to cause a riot or affray.
Intent to Cause Harm Is Not Necessary
The Explanation to Section 223 makes an important distinction between knowledge of the order and intention to cause harm. It is not necessary that the person intended to produce harm or believed that harm was likely. It is sufficient that the person knew of the order, disobeyed it, and the disobedience produced or was likely to produce the harm contemplated by the section.
Difference Between Section 223(a) and Section 223(b)
| Section 223(a) | Applies where the disobedience causes or tends to cause obstruction, annoyance or injury, or risk thereof, to a person lawfully employed. The maximum imprisonment is six months and the maximum fine is Rs. 2,500. |
|---|---|
| Section 223(b) | Applies where the disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray. The maximum imprisonment is one year and the maximum fine is Rs. 5,000. |
Meaning of Public Servant Under the BNS
The expression public servant is defined in Section 2(28) of the Bharatiya Nyaya Sanhita, 2023. The definition includes the categories of persons specified in that provision who perform judicial, governmental or other public functions.
Example Given in the Law
The statutory illustration concerns a lawful order directing that a religious procession must not pass down a particular street. If a person knowingly disobeys that order and thereby causes danger of riot, the illustration states that the offence under Section 223 is committed.
Practical point: Section 223 requires more than mere disagreement with an official direction. The order must be duly promulgated by a legally empowered public servant, the person must know of the order, there must be disobedience, and the disobedience must produce or be likely to produce the consequence specified in clause (a) or clause (b).
Related BNS Provisions
- Section 221 - Obstructing public servant in discharge of public functions
- Section 222 - Omission to assist public servant when bound by law to give assistance
- Section 224 - Threat of injury to public servant
- Section 225 - Threat of injury to induce person to refrain from applying for protection to public servant
- Section 226 - Attempt to commit suicide to compel or restrain exercise of lawful power
Frequently Asked Questions
What is Section 223 BNS?
Section 223 BNS deals with knowing disobedience of an order duly promulgated by a public servant who is lawfully empowered to issue that order.
What is the punishment under Section 223(a) BNS?
The punishment may extend to simple imprisonment for six months, fine up to Rs. 2,500, or both.
What is the punishment under Section 223(b) BNS?
The punishment may extend to imprisonment of either description for one year, fine up to Rs. 5,000, or both.
Must the accused intend to cause harm?
No. The Explanation states that intention to produce harm is not necessary. Knowledge of the order, disobedience of that order, and actual or likely harm of the kind specified in the section are sufficient for this requirement.
When did the BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, except the specified provision in Section 106(2).
Disclaimer: This article provides general legal information. The application of Section 223 depends on the facts, evidence and procedural law applicable to the individual case.