(Daily News Scan - DNS English) What is IPC Section 188?

(Daily News Scan - DNS English) What is IPC Section 188?

The government from 23rd of March has lockdown most parts of the nation. This step was taken in view of protecting the citizens from widely spreading corona virus. Though the states were lockdown still few people were on the roads violating the lockdown and not giving attention to the rules laid down by the government in this sensitive situation. To overcome and stop this negligent, irresponsible behaviour of people, government has announced a fine of Rs 1000 or six months of jail.

In this DNS we will know under which section of the IPC these rules to fine and jail have been imposed.

After the enforcement of the lockdown by the government, the public could still be seen flouting the lockdown. The state governmentss have been underlining that violations of the Epidemic Diseases Act, 1897, will be punishable under Section 188 of the Indian Penal Code, 1860.

So for disobeying the orders of the government a person could get imprisonment of up to six months or fine up to Rs 1000 or both.

In our previous edition of the DNS we have talked about Epidemic Diseases Act, 1897. Within this ACT the section 3, provides penalties for disobeying any regulation or order under the Act. This is according to the Section 188 of the Indian Penal Code pertaining to disobedience of an order duly promulgated by public servant. Section 188 comes under the Code’s Chapter X, ‘Of Contempt’s of the Lawful Authority of Public Servants’.

The most intriguing thing about this code is that, it says, that 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.

In order to prove disobedience and negligence of the person, “There must be evidence that the accused had knowledge of the order with the disobedience of which he is charged. Mere proof of a general notification promulgating the order does not satisfy the requirements of the section. Mere disobedience of the order does not constitute an offence in itself, it must be shown that the disobedience has or tends to a certain consequence”.
Over the perspective of the orders there are certain criteria’s as well. The order has to be for public purposes by public functionaries. An order between two parties does not fall under this Act. An order commanding an assembly of five or more persons to disperse is held to be a valid order under Section 188.

It is also classified under the First Schedule of the Criminal Procedure Code (CrPC), 1973.The offence, if causes obstruction, annoyance or injury to persons lawfully employed, carries a punishment of simple imprisonment for a month, fine or both. Also if it causes danger to human life, health or safety, the punishment is six months or fine or both. Both the offences are bailable and cognizable.

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