Indian Penal Code, 1860 · Section 188

IPC 188 in BNS: Section 223

Section 188 of the Indian Penal Code, 1860 corresponds to Section 223 of the Bharatiya Nyaya Sanhita, 2023. IPC 188 deals with disobedience to order duly promulgated by public servant. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC. Both texts are set out below, side by side, with the changed words marked.

Indian Penal Code

IPC 188 is now BNS 223.

Disobedience to order duly promulgated by public servant

Carried over
97% of the old wording kept
Old · IPC 1860 · Ch. X
s. 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 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.—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.
Text from the official India Code PDF
New · BNS 2023 · Ch. XIII
s. 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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 188
Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed.
CognizableCognizable
BailableBailable
PunishmentSimple imprisonment for 1 month, or fine of 200 rupees, or both.
Triable byAny Magistrate.
If such disobedience causes danger to human life, health or safety, etc.
CognizableCognizable
BailableBailable
PunishmentImprisonment for 6 months, or fine of 1,000 rupees, or both.
Triable byAny Magistrate.
For an offence under the BNS, check the First Schedule of the BNSS.

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