Disaster Management Act, 2005 - Offences and Penalties

Sections 54, 55 and 56 of the Disaster Management Act, 2005

Sections 54 to 56 deal with false disaster warnings, offences committed by Government Departments, and failure of public officers to perform duties imposed under the Act. Section 56 was materially updated by the Disaster Management (Amendment) Act, 2025.

Updated: 24 September 2026

Current-law update: The Disaster Management (Amendment) Act, 2025 came into force on 9 April 2025. It renumbered the original text of Section 56 as sub-section (1) and inserted a new sub-section (2) permitting disciplinary action by the State Government in specified cases. Sections 54 and 55 remain substantively unchanged.

Section 54 - Punishment for false warning

Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction be punishable with imprisonment which may extend to one year or with fine.

What Section 54 covers

Section 54 targets a false alarm or warning concerning a disaster, including a false statement about its severity or magnitude, where the false warning leads to panic. The statutory consequence is imprisonment for up to one year or a fine.

The wording makes the connection with panic important: the provision is not framed as a general prohibition on every inaccurate statement about a disaster. Its text specifically refers to a false alarm or warning that leads to panic.

Section 55 - Offences by Departments of the Government

Sub-section (1): Where an offence under the Act has been committed by a Department of the Government, the head of the Department is deemed guilty and may be proceeded against and punished, unless the head proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent it.

Sub-section (2): Where the offence is proved to have been committed with the consent or connivance of, or is attributable to neglect by, an officer other than the head of the Department, that officer is also deemed guilty and may be proceeded against and punished.

Meaning and effect

Section 55 creates responsibility for offences committed by Government Departments. The head of the Department has a statutory defence where lack of knowledge or due diligence is proved. Other officers may be liable where consent, connivance or neglect is established in relation to the Department's offence.

Section 56 - Failure of officer in duty or connivance at contravention

Section 56(1): An officer on whom a duty has been imposed by or under the Act, and who ceases or refuses to perform or withdraws from the duties of office, is punishable with imprisonment for up to one year or with fine, unless the officer has express written permission of the official superior or another lawful excuse.

Section 56(2), inserted with effect from 9 April 2025: In addition to action under sub-section (1), the State Government may, on its own or on directions of the Central Government, take disciplinary action under the relevant rules against an officer who ceases or refuses to perform, withdraws from duties, or is guilty of insubordination or dereliction of duty during a disaster. State action must not be inconsistent with Central Government directions.

Effect of the 2025 amendment

The amendment did not remove the criminal consequence in the original provision. Instead, the original text became Section 56(1), while the new Section 56(2) expressly provides a disciplinary route under the relevant service rules. Criminal proceedings under Section 56(1) and disciplinary action under Section 56(2) therefore address different legal consequences.

Previous sanction and cognizance of offences

Section 59: Previous sanction of the Central Government or State Government, as the case may be, or an authorised officer is required before prosecution for offences punishable under Section 55 and Section 56(1). The 2025 amendment changed Section 59 so that its reference is specifically to sub-section (1) of Section 56.

Section 60: A court may take cognizance of an offence under the Act only on a complaint by one of the authorities, Governments or authorised officers specified in Section 60, or by a person who has given not less than thirty days' notice in the prescribed manner of the alleged offence and intention to make a complaint. Following the 2025 amendment, the Urban Authority is also included in Section 60.

Official legal sources

For the current statutory text and amendments, refer to the India Code portal and the National Disaster Management Authority laws, policies and plans page. The latter provides the Disaster Management Act, the Disaster Management (Amendment) Act, 2025, commencement material and subsequent official updates.

This page is an informational summary of the statutory provisions. For a proceeding or compliance decision, the current Act, applicable notifications, rules and case-specific facts should be checked.