Last Updated on November 25, 2018 by Legalseva.net
Section 188: Disobedience to order duly promulgated by public servant.
Storing Firecrackers Illegally Is An Offence Under Section 188 Of Indian Penal Code.
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 empowered 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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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.
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.
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In simple wordsthis section say that when a person do an act or take possession of a property,for which he was lawfully restricted by the order of public servant and he still do that act or take possession of the property commits an offence under this section.
Essentials of this section are :
- A lawful order must be promulgated by the public servant.
- There should be knowledge of the order .
- There must be disobedience of the order.
- There must be a result from such disobedience.
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The accused must have knowledge of the order of the disobedience for which he is charged .
If disobedience of the person cause obstruction, annoyance or injury or harm to cause obstruction, annoyance or injury is punished with imprisonment which may extend to one month or with fine which may extend to ₹200 or with both.
If disobedience of the person cause danger to human life , health or safety or causes or tends to cause riot or affray shall be punished with imprisonment which can extend to six months or with fine which may extend to ₹1000 or with both.
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Mere disobedience of an order does not constitute an offence it must be proved that disobedience has caused annoyance , obstruction etc.
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