Disobedience to order duly promulgated by public servant

What this section does

Punishes knowing disobedience of an order lawfully promulgated by a public servant directing a person to abstain from an act or to deal with property in a specified manner. A higher punishment applies where the disobedience causes or tends to cause danger to human life, health or safety, or a riot or affray. Importantly, intent to cause harm is not required; knowledge of the order and likelihood of harm suffices.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Clause (a): Simple imprisonment up to 6 months, or fine up to ₹2,500, or both. Clause (b): Imprisonment of either description up to 1 year, or fine up to ₹5,000, or both.

Triable by

Any Magistrate

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. A public servant lawfully empowered promulgated an order
2. The order directed the accused to abstain from a certain act or to take certain order with property in his possession or management
3. The accused knew of the order
4. The accused disobeyed the direction
5. For clause (a): such disobedience caused or tended to cause obstruction, annoyance, injury or risk thereof to any person lawfully employed
6. For clause (b): such disobedience caused or tended to cause danger to human life, health or safety, or a riot or affray

Derived from IPC s.188.