SECTION 188

Overview: This section has two parts. The first part says that if a person, knowing about any order given by the public servant, which abstained people to do certain act, to take certain order with certain property in his possession or under his management disobeys such direction. And if any person disobeys such order and causes obstruction annoyance or injury, or risk of obstruction, annoyance or injury to any other person, then that person shall be punished.

The second part of the section says that if such order is given by the public servant, and then any person causes disobedience or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, then that person will also be punished with a different sentence.

Essentials of Section 188 of the IPC: If a person commits an offence under section 188 of IPC, certain conditions must be fulfilled for application of the section.

1. There must be a promulgation of an order.

2. Promulgation must have been given by a public servant.

3. Public servant making such promulgation must be legally empowered to do so.

4. Promulgation must have directions not to do any certain thing.

5. The person who is doing something contrary must be aware of the promulgation and must have disobeyed the order.

6. Disobedience committed must have caused some obstruction, annoyance or injury to a person lawfully employed, or

7. Disobedience committed must have caused danger to human life, health or safety or a riot or affray.

Punishment for Disobedience to order duly promulgated by public servant under Section 188 IPC: The punishment prescribed under this section for the first part is imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both. The punishment prescribed under this section for the second part is 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.

Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.