IPC Section 188 — Disobedience to order duly promulgated by public servant

Summary

If a person knows that a public servant with legal authority has issued an order telling them not to do something, or to handle property in a specific way, and they disobey that order, they can be punished. This punishment applies only if the disobedience causes or is likely to cause obstruction, annoyance, or injury—or the risk of these—to people who are lawfully working. The punishment can be simple imprisonment for up to one month, a fine of up to two hundred rupees, or both.

Official Text

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;

Referred to by

• CrPC §136 — Consequences of his failing to do so
• CrPC §141 — Procedure on order being made absolute and consequences of disobedience

Related Judgments

• Shri Subhash Prabhakar; alias Panditshet Patil and Others. vs Shri Anant Manya Ambekar and Others., .., --, Shri R.R. Salvi for the — Bombay High Court (Mumbai Principal Seat) (2016)
• VINOD DUA vs UNION OF INDIA & ORS — Supreme Court of India (2021)
• MUNICIPAL COUNCIL, RATLAM vs SHRI VARDHICHAND & ORS — Supreme Court of India (1980)
• INDIA GENERAL NAVIGATION AND RAILWAY CO. LTD. vs THEIR WORKMEN — Supreme Court of India (1959)
• VISHNU CHANDRU GAONKAR vs N.M. DESSAI — Supreme Court of India (2018)
• IQBAL SINGH MARWAH vs MEENAKSHI ETC — Supreme Court of India (2005)

Old <-> New Code Mapping

• BNS §223 — Disobedience to order duly promulgated by public servant